Page 33 - Occupational Health & Safety, October 2017

HOME DEPOT TO PAY $5.7 MILLION PENALTY FOR SELLING RECALLED PRODUCTS
Home Depot U.S.A. Inc. has agreed to pay
a $5.7 million civil penalty for selling and distributing previously recalled consumer products. The products included not only halo- gen flood lights, LED light fixtures, and under
cabinet power and light strips, but also welding torches, , stepladders, portable heaters, smoke and carbon monoxide alarms, and fire extinguishers, the U.S. Consumer Product Safety Commission announced Aug. 30.
CPSC said the Atlanta-based company’s agreement set- tles charges that it knowingly sold and distributed approxi- mately 2,816 recalled products from 33 separate voluntary corrective actions from August 2012 through November 2016. It is illegal to sell, offer for sale, or distribute in commerce a consumer product that is subject to voluntary corrective action, such as a recall, that has been publicly announced and taken in consultation with CPSC.
The agency posted a list of the recalled products at is- sue in the case and described them generally as products intended to address fire hazards, laceration hazards, and electrocution and shock hazards, as well as other uses.
CPSC and Home Depot on Nov. 18, 2015, jointly re-an- nounced the recalls of products that Home Depot sold and distributed after the original recalls had been announced.
In addition to paying the $5.7 million civil penalty, Home Depot will maintain a compliance program to ensure compli- ance with the Consumer Product Safety Act, including a pro- gram for the appropriate disposal of recalled products, and will maintain a system of internal controls and procedures. The company’s settlement does not constitute an admis- sion by Home Depot, or a determination by the Commission, that Home Depot knowingly violated the act. The commis- sion voted 4-1 to accept the settlement provisionally; Acting Chairman Ann Marie Buerkle voted to accept a lower penalty.
CPSC staff charged that Home Depot’s procedures failed to accurately identify, quarantine, and prevent the sale and distribution of the recalled products. Home Depot sold and distributed the recalled products in its stores through traditional register lanes and special services desks and through sales for salvage from its reverse logis- tic centers, Internet sales, and donation program, according to the agency’s news release.
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