national elevator industry, inc. · neii ad-hoc crocs steering committee – dennis mayer. •...
TRANSCRIPT
National Elevator Industry Inc
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
WWWNEIIORG bull E-Mail infoneiiorg
AGENDA s
NEII BOARD OF DIRECTORS SIMSBURY 1820 HOUSE
SIMSBURY CONNECTICUT APRIL 7 2009
1 Call to Order ndash 930 am 2 Roll Call 3 Adoption of Agenda 4 Approval of Minutes February 17 2009 Meeting 5 Election of NEII Officers
Dennis Mayer will report for NEII Membership and Nominating Committee 6 Welcome a President - Randy Wilcox b Managing Director ndash Edward A Donoghue 7 Presentations a NEII Communications Committee ndash Cayce Blanchard b NEII Trust Committee ndash Timothy Grace c NEII Safety Committee ndash Louis DeLoreto d NEII Government Affairs Committee ndash John Karnash e NEII Central Code Committee ndash Andy Juhasz
Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 2 of 3
f PBC Project ndash John Karnash and Andy Juhasz g NEII Code and Safety Consultant ndash Brian D Black
h Elevator Escalator Safety Foundation ndash Robert Merlo
EXECUTIVE SESSION 8 Reports a President b Treasurer ndash Steven D Patton
bull Treasurer Report - Attachment 1 bull Loftus Ross LLP 2008 Audit ndash Attachment 2
c Administrator ndash Edward A Donoghue d NEII Code and Safety Consultant ndash Brian D Black
bull Semi-Annual Report Attachment 3 e Central Code Committee ndash Andy Juhasz
f Government Affairs Committee ndash John Karnash g NEII Ad-Hoc Crocs Steering Committee ndash Dennis Mayer
bull Objectives - Attachment 4 bull Media Analysis of Crocs-Related Escalator Issue - Attachment 5
9 Old Business
a WebTeleconference NEII Committee Meeting ndash Brian Black Louis Bialy and John Karnash
10 New Business a 2009 EESF Contribution 11 Committee Appointments 12 Membership
Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 3 of 3
13 Meeting Schedule
June 16 2009 100 PM EDT Teleconference Meeting
September 23 2009 United in Orlando Gaylord Palms Orlando Florida
NAEC Rate $18600 SingleDouble Telephone 4075862491 Addition information including hotel reservations httpwwwunitedconventioncomhotelshtml
December 7 2009 100 PM EST Teleconference Meeting
14 Adjournment Attachments 1 Treasurer Report 2 Audit 3 Code and Safety Report 4 Ad-Hoc Crocs Committee Objectives 5 Media Analysis Crocs Issue cmy documentswpdocsneii board of directors200904-07 agendadocx
NATIONAL ELEVATOR INDUSTRY INCYTD February 2008
2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance
Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)
Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677
2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536
2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132
Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810
Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060
Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)
Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077
Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)
Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838
PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM
February 27 2009
MAR ] LUu~l
In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention
CASH DISBURSEMENTS
While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed
At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement
We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter
Sincerely
Loftus Ross LLP
fkathw iJ p~ Heather D Patten CPA Principal
HDPmma
G IWP85731 NATL ELEVATORMGMT LTR DOC
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA
GERALD J LOFTUS CPA (RETfRED) February 272009
Board of Directors National Elevator Industry Inc
We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit
Our Responsibility under US Generally Accepted Auditing Standards
As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities
Planned Scope and Timing of the Audit
We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 2 of 3
f PBC Project ndash John Karnash and Andy Juhasz g NEII Code and Safety Consultant ndash Brian D Black
h Elevator Escalator Safety Foundation ndash Robert Merlo
EXECUTIVE SESSION 8 Reports a President b Treasurer ndash Steven D Patton
bull Treasurer Report - Attachment 1 bull Loftus Ross LLP 2008 Audit ndash Attachment 2
c Administrator ndash Edward A Donoghue d NEII Code and Safety Consultant ndash Brian D Black
bull Semi-Annual Report Attachment 3 e Central Code Committee ndash Andy Juhasz
f Government Affairs Committee ndash John Karnash g NEII Ad-Hoc Crocs Steering Committee ndash Dennis Mayer
bull Objectives - Attachment 4 bull Media Analysis of Crocs-Related Escalator Issue - Attachment 5
9 Old Business
a WebTeleconference NEII Committee Meeting ndash Brian Black Louis Bialy and John Karnash
10 New Business a 2009 EESF Contribution 11 Committee Appointments 12 Membership
Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 3 of 3
13 Meeting Schedule
June 16 2009 100 PM EDT Teleconference Meeting
September 23 2009 United in Orlando Gaylord Palms Orlando Florida
NAEC Rate $18600 SingleDouble Telephone 4075862491 Addition information including hotel reservations httpwwwunitedconventioncomhotelshtml
December 7 2009 100 PM EST Teleconference Meeting
14 Adjournment Attachments 1 Treasurer Report 2 Audit 3 Code and Safety Report 4 Ad-Hoc Crocs Committee Objectives 5 Media Analysis Crocs Issue cmy documentswpdocsneii board of directors200904-07 agendadocx
NATIONAL ELEVATOR INDUSTRY INCYTD February 2008
2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance
Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)
Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677
2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536
2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132
Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810
Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060
Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)
Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077
Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)
Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838
PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM
February 27 2009
MAR ] LUu~l
In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention
CASH DISBURSEMENTS
While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed
At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement
We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter
Sincerely
Loftus Ross LLP
fkathw iJ p~ Heather D Patten CPA Principal
HDPmma
G IWP85731 NATL ELEVATORMGMT LTR DOC
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA
GERALD J LOFTUS CPA (RETfRED) February 272009
Board of Directors National Elevator Industry Inc
We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit
Our Responsibility under US Generally Accepted Auditing Standards
As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities
Planned Scope and Timing of the Audit
We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 3 of 3
13 Meeting Schedule
June 16 2009 100 PM EDT Teleconference Meeting
September 23 2009 United in Orlando Gaylord Palms Orlando Florida
NAEC Rate $18600 SingleDouble Telephone 4075862491 Addition information including hotel reservations httpwwwunitedconventioncomhotelshtml
December 7 2009 100 PM EST Teleconference Meeting
14 Adjournment Attachments 1 Treasurer Report 2 Audit 3 Code and Safety Report 4 Ad-Hoc Crocs Committee Objectives 5 Media Analysis Crocs Issue cmy documentswpdocsneii board of directors200904-07 agendadocx
NATIONAL ELEVATOR INDUSTRY INCYTD February 2008
2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance
Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)
Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677
2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536
2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132
Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810
Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060
Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)
Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077
Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)
Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838
PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM
February 27 2009
MAR ] LUu~l
In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention
CASH DISBURSEMENTS
While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed
At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement
We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter
Sincerely
Loftus Ross LLP
fkathw iJ p~ Heather D Patten CPA Principal
HDPmma
G IWP85731 NATL ELEVATORMGMT LTR DOC
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA
GERALD J LOFTUS CPA (RETfRED) February 272009
Board of Directors National Elevator Industry Inc
We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit
Our Responsibility under US Generally Accepted Auditing Standards
As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities
Planned Scope and Timing of the Audit
We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INCYTD February 2008
2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance
Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)
Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677
2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536
2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132
Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810
Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060
Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)
Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077
Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)
Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838
PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM
February 27 2009
MAR ] LUu~l
In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention
CASH DISBURSEMENTS
While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed
At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement
We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter
Sincerely
Loftus Ross LLP
fkathw iJ p~ Heather D Patten CPA Principal
HDPmma
G IWP85731 NATL ELEVATORMGMT LTR DOC
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA
GERALD J LOFTUS CPA (RETfRED) February 272009
Board of Directors National Elevator Industry Inc
We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit
Our Responsibility under US Generally Accepted Auditing Standards
As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities
Planned Scope and Timing of the Audit
We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)
Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838
PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM
February 27 2009
MAR ] LUu~l
In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention
CASH DISBURSEMENTS
While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed
At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement
We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter
Sincerely
Loftus Ross LLP
fkathw iJ p~ Heather D Patten CPA Principal
HDPmma
G IWP85731 NATL ELEVATORMGMT LTR DOC
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA
GERALD J LOFTUS CPA (RETfRED) February 272009
Board of Directors National Elevator Industry Inc
We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit
Our Responsibility under US Generally Accepted Auditing Standards
As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities
Planned Scope and Timing of the Audit
We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
THOMAS J ROSS CPA C1P
PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA
GERALD J LOFTUS CPA (RETfRED) February 272009
Board of Directors National Elevator Industry Inc
We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit
Our Responsibility under US Generally Accepted Auditing Standards
As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities
Planned Scope and Timing of the Audit
We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred
Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
Board of Directors February 27 2009 National Elevator Industry Inc Page 2
of the possibility that future events affecting them may differ significantly from those expected
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit
Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 27 2009
Management Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants
Other Audit Findings or Issues
We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional
poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
Board of Directors February 272009 National Elevator Industry Inc Page 3
relationship and our responses were not a condition to our retention
This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties
Very truly yours
~R~LlP Loftus Ross LLP
LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC
FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION
Year Ended December 31 2008
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
TABLE OF CONTENTS
Independent Auditors Report
Page
1
Financial Statements
Statement of Financial Position 2
Statement of Activities 3
Statement of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial Statements 6-7
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS
TlfOlfAS] ROSS CPA CTP
MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE
QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA
MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)
INDEPENDENT AUDITORS REPORT
Board of Directors National Elevator Industry Inc
We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit
We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion
In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America
February 27 2009
LlYkh~~ )Jffo~ssLLP
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION
December 31 2008
ASSETS
CURRENT ASSETS Cash and Cash Equivalents shy
Unrestricted
Prepaid Insurance
$763138
2777
TOTAL CURRENT ASSETS $765915
FIXED ASSETS Equipment Accumulated Depreciation
TOTAL FIXED ASSETS
$313471 (139934 )
$173537
OTHER ASSETS Annuity Net of Amortization
TOTAL OTHER ASSETS
$11023
$11023
TOTAL ASSETS $950475
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES Accounts Payable
TOTAL CURRENT LIABILITIES
$80056
$80056
NET ASSETS Unrestricted
TOTAL NET ASSETS
$870419
$8704 19
TOTAL LIABILITIES AND NET ASSETS $950475
See Notes to Financial Statements Page 2
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES
For the Year Ended December 31 2008
REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income
TOTAL REVENUE
FUNCTIONAL EXPENSES Program Services Management and General
TOTAL FUNCTIONAL EXPENSES
DECREASE IN UNRESTRICTED NET ASSETS
NET ASSETS
Beginning of Year
End of Year
$1370500 12000 4252
15342 27500
$1429594
$849960 85235
$935195
$494399
376020
$8704 19
See Notes to Financial Statements Page 3
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31 2008
FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services
TOTAL FUNCTIONAL EXPENSES
Total
$106915 43014 30000 36000
943 7135
484 66557
110643 7844
16508 3750 1500 4267 1815 1591 4800
628 3015 1570
486216
$935195
Program Services
$106915 43014 30000
0 0 0 0
66557 110643
0 0 0 0 0
1815 0
4800 0 0 0
486216
$849960
Management and
General
$0 0 0
36000 943
7135 484
0 0
7844 16508 3750 1500 4267
0 1591
0 628
3015 1570
0
$85235
See Notes to Financial Statements Page 4
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS
For the Year Ended December 312008
CASH PROVIDED (USED) BY
OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash
Amortization 484 Depreciation 66557
Prepaid Expenses 470 Accounts Payable 25731
NET OPERATING ACTIVITIES $587641
FINANCING ACTIVITIES Purchase of Equipment
NET FINANCING ACTIVITIES $(71810
INCREASE IN CASH AND CASH EQUIVALENTS $515831
CASH AND CASH EQUIVALENTS Beginning of Year 247307
End of Year $763138
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for
Interest Taxes
$0 o
DISCLOSURE OF ACCOUNTING POLICY
For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash
See Notes to Financial Statements Page 5
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS
December 312008
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements
BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems
PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives
Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred
REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments
RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions
The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service
Page 6
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NATIONAL ELEVATOR INDUSTRY INC NOTES
(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code
ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643
USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates
(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants
(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services
(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements
Page 7
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841
WWWNEIIORG bull E-Mail infoneiiorg
NEII ASSOCIATION HEADQUARTERS
1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257
BOARD OF DIRECTORS MEETING April 7 2009
Code and Safety Consultantrsquos Report
1 Central Code Committee
11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant
12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008
Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)
Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November
2006) Facilities Subject to the Fair Housing Act (FHA)
Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects
General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)
US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)
Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)
Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards
The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2
The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level
13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website
15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3
bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment
The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration
17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc
18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies
bull Firefightersrsquo use and bull Occupant Evacuation
The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer
Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4
Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible
111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5
developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447
The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code
113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive
114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition
115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include
bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6
2 Government Affairs Committee
NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee
31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
4 Performance Standards Committee
41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting
5 Safety Committee
51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website
bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan
52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7
53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting
54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices
6 Significant Code Developments
61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring
64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8
66 Elevator Code Activities
Some significant revisions to the ASME A171CSA B44 Code under consideration include
bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07
68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen
610 International Standards Committee
Current ISO Committee activities include
bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility
standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9
611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07
612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes
613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting
Respectfully submitted
Brian Black Code and Safety Consultant to NEII
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to
1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators
2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required
3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage
the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required
to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees
APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web sites stories printed between May 1 2008 and November 24
2008 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77
soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008
Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs
and slidesrdquo (see Addendum A)
o This is the most recent news the CPSC has issued on the subject
Incidents and Responses
bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In
these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)
Because this seems to happen on several occasions per month it is difficult to come up with an estimate
of how many of these cases go undocumented
bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an
escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught
The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed
bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company
blames the escalator industry and inattentive parents but argues that this could only be the case if the
same escalator had been involved in each incident
bull Several airports and other locations where these incidents are occurring are introducing new safety
measures in response to these types of incidents
o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second
public service announcement that airs every five minutes
o The Washington Metro system has posted warnings about wearing soft-soled shoes on its
moving stairways in the past several months
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
2
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news
coverage since May 1 2008 These include but are not limited to
o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY
o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM
Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot
bull The same attorney is handling all three aforementioned cases and has settled two other
cases with Crocs but refuses to comment on them
o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing
Crocs on an escalator in Japan was permanently injured and is now suing the company
Crocsrsquo Response
bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design
after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and
November of 2007
o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign
the clogs and contended that the riding behavior and escalator design and maintenance
caused the accidentsrdquo (See Addendum D)
o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo
requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear
whether this new design will be introduced in other countries as well or if the new shoes were a
direct result of authorities requirements in Japan (See Addendum E)
bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull On the Japanese version of the Crocs Web site there is a picture and description on the front page
aimed at elevator safety (Addendum F)
bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety
investigations No mention or results from these investigations have been concluded andor released to
the public yet
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum G)
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators
hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
3
Addendum A
NEWS from CPSC
US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207
FOR IMMEDIATE RELEASE May 13 2008 Release 08-264
CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908
Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk
WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators
The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides
Here are some steps you can take to prevent escalator injuries
bull Make sure shoes are tied before getting on an escalator
bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride
bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps
bull Do not bring children onto escalators in strollers walkers or carts
bull Always face forward and hold the handrail
bull Avoid the sides of steps where entrapment can occur
bull Learn where the emergency shutoff buttons are in case you need to stop the escalator
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
4
Addendum B
UPDATED 1029 pm August 01 2008
In 3 accidents soft shoes caught side of escalator
Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108
Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside
Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country
A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition
Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings
The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury
Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton
Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone
Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports
Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer
I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child
-- Staff writer John Perry contributed to this article
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
6
Addendum C
A photo and description from a Straits Times Paper
7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
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7
Addendum D
Addendum E Addendum E
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
8
Crocs sandals go on sale after firm makes them safer
The Yomiuri Shimbun
The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators
The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday
According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone
(Nov 2 2008)
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
9
Addendum F
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
10
Addendum G
Kids wearing croc sandals beware
Sat Oct 11 2008 The Straits Times
In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children
By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here
Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue
Executive Summary
The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related
escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd
2009 Recently the number of escalator related incidents seems to be on the decline with fewer news
articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic
counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates
General Information
bull While news media coverage has slowed an emerging trend has been an increase in coverage by
ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle
bloggers link to past stories appealing to a smaller more focused audience
Incidents and Responses
bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the
National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs
Inc for more than $75 million in damages
Lawsuits
bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news
coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)
o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos
Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring
his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc
Crocsrsquo Response
bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its
safety awareness initiative release in its press release section dated July 22 2008
bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through
Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next
few months The company plans to have the educational hang tag fully implemented by the rollout of its
spring 2009 line (See Addendum E)
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
2
Please Note
For additional review purposes older articles and news clippings can be found at
httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of
many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators
Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK
Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
3
Addendum B
Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
4
Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
5
Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
6
Addendum E
Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
7
Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
8
992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
9
Addendum G
Croc Shoes News (blog)
Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo
Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
10
if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
11
Addendum H
MomLogic (blog) Should Crocs Be Banned
MONDAY MARCH 16 2009 filed under legal
A mom says shes suing Crocs to keep kids safe
Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding
Hes not the only one
When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing
According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney
From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator
There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done
What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know
I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines
Said Attorney Andrew M Laskin
Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
12
In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator
That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth
Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children
The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere
Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation
Will this lawsuit stop you from buying Crocs for your kids
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
13
Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children
As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet
14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
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14
Addendum J Good things in life(blog)
Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha
httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-
15
Addendum K A blog entry that posted February 21 2009
Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )
- Agenda
- Attachment 1
- Attachment 2
- Attachment 3
- Attachment 4
- Attachment 5
-