The staff of the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada’s Consumer and Hazardous Safety Directorate (“Health Canada”) have jointly developed a comprehensive guidance document imploring manufacturers and product designers to consider human factors principles in their consumer product development processes.[1] The guidance document is based on the premise that product-related injuries and the corresponding enforcement actions and lawsuits may be reduced if companies analyzed human factors while developing their products.
“Human factors,” as used in the guidance document, means the study of how consumers use products. CPSC staff and Health Canada developed this guidance based on a belief that oftentimes those implementing product development systems forget that the different experiences and abilities of the individual consumer, combined with varying conditions surrounding product use, could create unnecessary risk if not properly considered. According to the guidance document, the main benefit of considering human factors during product development are 1) improved usability and acceptance, 2) increased safety, 3) reduced lifecycle costs and risks, and 4) reduced support costs.
Human factors can be considered in six different stages of the product design process. The guidance document outlines the following six stages, specifically:
- Product planning
- Idea and concept generation
- Design and development
- Testing and validation
- Production
- Post-production evaluation
The analysis of the first two stages primarily concern using human factors to analyze market viability. CPSC staff and Health Canada suggest the product planning stage is important since identifying the target market, how the company plans to handle consumer complaints, and other aspects of the planning process will make it easier down the road for a product designer to correct any potential problems with well-reasoned contingency plans. Producers can use human factors intelligence during the idea and concept generation stage to identify possible users of the product and find gaps between what the consumer needs and what is already on the market.
The guidance document’s suggestions for the last four stages primarily concern risk reduction. During the design and development stage the guidance document suggests designers look at human factors of the target consumer to evaluate possible misuses for the product and develop processes to decrease hazards among that population. The testing and validation stage, which the authors indicate should be repeated throughout the product design process, should include human factors components to make sure tests evaluate the product as it will be used by consumers, and not just in lab conditions ill-suited for evaluating the product as it will actually be used. This includes considering both the skill of the expected consumer as well as the environment and conditions where product is likely to be used. During the production stage, the guidance document suggests manufacturers consider human factors to ensure safety and decrease hazards both with the product use and for workers during the assembly process. Additionally, proper advertisement that stays true to the design of the product and reinforces the purpose of the product could lead to safer use of the product down the line. Finally, the guidance document states that using human factors during the post-production process by analyzing the reason for returns/incidents related to the product could prevent difficulties. For instance, if there are repeated calls concerning misuse, if the company uses human factors to evaluate the misuse the company will be able to pivot and remedy the issue in a manner that limits unnecessary risk or loss of capital. CPSC staff and Health Canada believe implementing human factors into the design and production of a consumer product could lead to safer use and prevent recalls down the line that would harm a company’s market share.
It is important to note that the guidance document is not an official rule or regulation and does not create any legal obligations or independent causes of action in any jurisdiction. Any manufacturer planning to implement human factors principles into their consumer product development processes should consult experienced legal counsel to ensure compliance with applicable legal requirements in their jurisdiction and best practices before implementing any of the guidance document’s suggested processes.
