Car Brake Overrides Proposed in U.S. After Toyota Recalls

Auto-safety regulators proposed requiring cars and light trucks sold in the U.S. to have so- called brake override features to stop a vehicle when drivers press both the brake and accelerator.

Today’s National Highway Traffic Safety Administration proposal follows record recalls in 2009 and 2010 by Toyota Motor Corp. (7203) for defects that may cause unintended acceleration.

Texas Manufacturer's Defect Lawyer [click to read more]

“America’s drivers should feel confident that any time they get behind the wheel they can easily maintain control of their vehicles -- especially in the event of an emergency,” U.S. Transportation Secretary Ray LaHood said in a statement. “By updating our safety standards, we’re helping give drivers peace of mind that their brakes will work even if the gas pedal is stuck down while the driver is trying to brake.”

The rule, which would update an existing auto-safety regulation, would cost “close to zero” because most carmakers already meet the requirement, according to the agency.

“We’re glad they’re doing it and we’re glad it’s uniform so all vehicles will be required to have an override,” Henry Jasny, vice president and general counsel for Advocates for Highway and Auto Safety, based in Washington, said in an interview. “The population of vehicles without it has grown smaller since the Toyota sudden acceleration issue came out several years ago. But there are no performance standards for it.”

Runaway Lexus

The agency developed the proposed rule and a recommendation issued in December to standardize keyless ignitions to let drivers turn off cars faster after a driver and family members died in a 2009 crash of a runaway Lexus ES-350 that didn’t have a brake-override feature.

NHTSA, in the proposal, said it’s received “thousands” of complaints about unintended acceleration since 2000, with some involving stuck accelerator pedals that brake override technology used in vehicles with electronic throttle controls would be designed to counter.

The systems are designed to cut power to the engine when the throttle and brake are pressed simultaneously, which can occur with a jammed accelerator or a driver accidentally slamming on the wrong pedal.

Reduced Sales

Toyota, based in Toyota City, Japan, said in November 2009 it would install a brake-override system on some of its vehicles after drivers reported unintended acceleration and its sales fell 26 percent in the first 10 months of that year.

By February 2010, before U.S. congressional hearings into Toyota recalls, the company had said it would put brake override systems on all new models beginning in 2011 and would retrofit seven existing models with software fixes.

“We are currently reviewing the NHTSA notice of proposed rulemaking in detail but are proud that with the 2011 model year, Toyota was the first full-line automaker to make brake override systems standard across all model lines,” Brian Lyons, a U.S.-based Toyota spokesman, said in an e-mail.

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source: Bloomberg (Keane, 4/12)

Abuse complaints at state hospitals to get more scrutiny

Nearly six months after accusing one of its former doctors of harming patients at the Austin State Hospital, the state is adding another layer of scrutiny to abuse allegations at its public mental health hospitals.

The Health and Human Services Commission's Office of Inspector General will now investigate allegations of sexual and serious physical abuse at all 10 of the state's psychiatric hospitals, said commission spokeswoman Stephanie Goodman. The office will help develop criminal cases against suspected abusers — something that is missing from the state's current investigation process.

"I think it's an added protection for patients," Goodman said. "It's another set of eyes for the review."

The Office of Inspector General already performs such reviews at the state supported living centers, which house 3,800 people across the state with intellectual disabilities. The additional level of scrutiny there was added as part of a package of reforms passed in 2009, following reports that employees at the Corpus Christi living center had been arranging late-night fights among disabled residents.

In fiscal years 2010 and 2011, the investigators looked at a total of almost 2,200 cases at the schools. Of those, 313 were referred to the local district attorneys for prosecution.

"We think that model has worked really well, so we want to replicate that on the state hospital side," Goodman said.

Until now, the state hasn't approached its serious abuse allegations at the hospitals strictly from a criminal case perspective. Although the Department of Family and Protective Services, which is charged with investigating allegations of abuse in state hospitals, refers potential criminal cases to local law enforcement agencies, its primary focus is "quality of care issues," Goodman said.

The Office of Inspector General expects to review 700 to 1,000 hospital cases per year, she added. The state will hire six additional investigators to help with the work.

A spokesman for the Department of Family and Protective Services, which investigated 2,079 cases of abuse at the state hospitals last year, said the agency welcomed the additional help.

"We think it is a positive development," Patrick Crimmins said.

The change was instigated by the case of Dr. Charles Fischer, a former child psychiatrist at Austin State Hospital who was suspended in October after the Department of Family and Protective Services confirmed he had sexually abused two teen patients in his care. A "confirmation" means that investigators have determined that a preponderance of evidence indicates there is reason to believe the purported abuse occurred.

Fischer, 59, has not been criminally charged. He is currently under investigation by law enforcement agencies including the Austin Police Department. In mid-November, the American-Statesman revealed that Fischer had been fired from the hospital, and he has had his medical license suspended. Fischer's attorney has said he is appealing both actions.

Fischer had been investigated multiple times by Protective Services over the years, but the agency never confirmed any of those allegations.

According to the Texas Medical Board, Fischer had been accused of sexually abusing patients at least nine times.

Protective Services will continue reviewing abuse complaints generated at the hospitals. But the Office of Inspector General will simultaneously conduct its own investigations, determining whether criminal activity occurred, collecting evidence and assessing the possibility for prosecution, Goodman said. It will also work closely with local law enforcement officers throughout the process.

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source: The Statesmen (Ball & Dexhelmer, 4/6)



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OSHA fines Magnablend $45,000 for violations related to fire

WAXAHACHIE - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) cited Magnablend Inc. with seven serious safety and health violations Friday related to the October 2011 fire at the company's blending plant, which burned to the ground.

The penalties total $45,000.

According to a press release, OSHA's Fort Worth office found violations including failing to conduct a hazard assessment, install a sufficient ventilation system, train workers in specific hazardous chemical protection procedures, evaluate respiratory inhalation hazards, ensure that the fire sprinkler system was adequate, use electrical equipment in accordance with its labeling, document the classification of hazardous locations for electrical purposes and ensure that electrical equipment was considered safe for the location where it was used.

The release goes on to explain a serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Magnablend, a company that specializes in blending and manufacturing chemicals for industrial and consumer markets, is now operating at a new location in Waxahachie.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the area office or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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source: WFAA (AP, 3/30)




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