Using Warnings and Instructions to Increase Safety and Reduce Liability

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Course Overview

Thoroughly developed warnings and instructions are the most cost-effective way to increase the safety of your product while decreasing your product liability exposure. Learn the current legal duty to warn, the latest ANSI standards that apply to product warnings, factors useful in evaluating effective warnings and instructions, and how to test and revise warnings and instructions.

Who Should Attend?

  • Managers 
  • Engineers 
  • Technical writers
  • Product safety specialists
  • Anyone responsible for creating or reviewing instructions and warnings

Additional Information

Although not required, course attendees are encouraged to bring ANSI Z535.4 and ANSI Z535.6 to class.

Course Outline

Day 1

Duty to Warn and Instruct: Legal Responsibility

  • No guarantees
  • Broad and important topic
  • Key: Being organized
  • Theories of liability: Negligence/strict liability
  • Factors in determining whether a duty exists
  • Warnings vs. instructions

There is No Duty to Warn Where Hazard Is Open and Obvious 

  • Debate of what is open and obvious
  • Know the use of the product

Unintended/Unforeseeable Misuse 

  • Foreseeability
  • Know the use of the product

Environmental Test 

  • Modifications
  • Adequacy of warnings
  • Factors

Causation: Did the Failure to Warn Cause the Accident? 

  • History
  • Factors
  • Warnings/retrofit/recall

How to Improve Your Product 

  • Be organized
  • Documentation and its importance
  • The role of sales/service

 

Day 2 

The ANSI Z535 Standards for Product Safety Signs and Labels 

  • Guidelines for content of product safety signs (hazard nature, seriousness, consequence, avoidance)
  • Guidelines for the format of product safety signs (signal word, color, pictorials, word messages)

International Standards 

  • ISO standards for product warnings
  • EC machine safety directive

International Standard Harmonization 

  • US standards harmonization
  • ANSI Z535 revision
  • ISO 3864 revision

Durability Considerations 

  • Product environment
  • Product surface
  • Material choices

Team-Based Workshop Activity 

  • Evaluate warning
  • Develop recommendations
  • Team presentations

 

Day 3 

Writing and Designing Manuals and Warnings 

Integrating Product Safety 

  • How to conduct a hazard analysis
  • Designing instructions and warnings for users

Designing Instructions 

  • Who is your user?
  • What you see is what you read…or not
  • What to put in…and what to leave out

Designing Warnings and Safety Messages 

  • Liability prevention vs. product safety

 

Day 4 

Evaluating Warnings and Instructions 

Evaluation Considerations 

  • When to evaluate
  • Evaluation methods
  • When and how to document
  • Evaluation workshop

Complete Evaluation and Final Adjournment

Testimonials

"The program is very well-rounded and covers each of the elements of warnings and instructions in a thorough, effective, and interesting manner."

"I'd be hard pressed to say what was best—there was so much useful information, and the outside experts were super."

"Good consistent information throughout the presentations. Everyone had the same message for action by companies for warnings and instruction."

Instructors

Charles Burhans

Mr. Burhans is a Senior Consultant. His recent professional activities include development and evaluation of warnings and instructions and product literature, analysis of standards, accident investigation, and the development of safety training materials and product safety/integrity documentation. While at the University of Michigan, he was an Instructional Assistant for Product and Occupational Safety Management courses in the Industrial and Operations Engineering Department. Mr. Burhans is a member of the American National Standards Institute (ANSI) Z535.6 Subcommittee on Product Safety Information in Product Manuals, Instructions, and Other Collateral Materials. He received bachelor’s and master’s degrees from the University of Michigan in Industrial and Operations Engineering.

Cal Burnton

Over his 30-year career, Cal R. Burnton has tried and won numerous complex toxic tort and product liability cases, earning a national reputation for his ability to coordinate, manage, and defend mass toxic tort and complex product liability cases with a special emphasis on high-risk matters involving novel legal, scientific, and environmental theories. His clients have included leading manufacturers and sellers of products such as chemicals, health care appliances, medical devices, electrical equipment, firearms, printing presses, industrial machinery, and power tools. Mr. Burnton is a trusted counselor to his clients, advising them on issues regarding, product liability, government regulations, product safety, and related matters. Throughout the years, he has represented corporate clients in both federal and state courts in almost every state across the country.

Angela Lambert

Angela Lambert has fifteen years of experience in product safety, warnings and liability. In her role at Clarion Safety, she collaborates with manufacturers – as well as industry partners and advocates – on labels, signs and markings that can help reduce risk and protect people. That includes having a keen understanding of visual safety communication standards, as well as safety label content/design, color systems and print production. From a standards perspective, Ms. Lambert is actively involved at the leadership level in the ANSI and ISO standards for product safety. She is chair of the ANSI Z535.1 subcommittee, leading the standard that focuses on colors used in visual safety communication, a delegate representative to the ANSI Z535 committee, and a delegate representative to ANSI for the ISO/TC 145 SC2 WG 1 committee, responsible for the library of ISO 7010 registered symbols and the ISO 3864 set of standards.

Patricia Robinson

Dr. Robinson brings more than 40 years of experience to consulting and training in product safety, particularly in the area of warnings and instructions. She is the author of Writing and Designing Manuals and Warnings (5th edition), as well as other books and articles. Dr. Robinson has helped more than one hundred national and international companies improve their warnings and instructions, addressing safety issues in a wide variety of consumer and industrial products ranging from infant car seats to high- wall coal-mining machines.

Dr. Robinson brings a unique blend of skills and experience to her consulting. She began her work in instructions and warnings while serving on the faculty of the University of Wisconsin-Madison College of Engineering. In addition to developing curriculum and teaching technical communication courses, Dr. Robinson helped develop and served as the first Director of the Technical Communication Certificate program and served as Program Director for continuing education courses in technical communication, including product documentation. She continues to teach regularly at product safety conferences and seminars.

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Program Director

Jeff Oelke

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