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CPSC Issues Notice of Proposed Rulemaking on Use of Adult Portable Bed Rails

November 29, 2022

The Consumer Product Safety Commission (CPSC) has issued a notice of proposed rulemaking about the use of adult portable bed rails [CPSC-2013-0022].  Comments are requested to be submitted at www.regulations.gov, Docket No. CPSC-2013-0022, by January 9th 2023.

The CPSC has determined preliminarily that there is an unreasonable risk of injury and death associated with entrapment hazards from adult portable bed rails (APBRs).  It is proposing a rule to require that adult portable bed rails meet the requirements of applicable voluntary standards created in 2017.  Among CPSC's findings leading to this action is that manufacturers of these devices failed to comply fully (or even at all) with the voluntary standards established in 2017, and the number of injuries skyrocketed to over 5,000 for the years 2020 and 2021 - the last years for which statistics have been completed.

CPSC seeks comments on the following:

  • Information regarding any analysis and/or tests done on APBRs in relation to the risks of injury or death they present;
  • Information regarding any potential costs or benefits of the proposed rule that were not included in the foregoing preliminary regulatory analysis;
  • Information regarding the number of small businesses impacted by the proposed rule and the magnitude of the impacts of the proposed rule;
  • The testing procedures and methods of the proposed rule and whether they sufficiently reduce the risk associated with APBRs, or whether other measures are necessary and information demonstrating how these measures address the identified risks;
  • Potential alternatives to APBRs if they are banned, and the impact that a ban on APBRs would have on consumers;
  • Any qualitative or quantitative evidence concerning the utility that APBRs have for consumers relative to alternative products that might be used as substitutes in the event APBRs are banned; and 
  • The appropriateness of the 30-day effective date, and a quantification of how a 30-day effective date would affect the benefits and costs of the proposed rule.

For more information and Consumer Voice materials and statements on this issue, view our issue page.

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