Product Safety and Integrity: Legal and Ethical Responsibilities for UK Manufacturers

Core Strategic Area

Specific Points

1. Culture & Governance

Culture first. Foster an internal culture where safety comes first for everyone of all levels, empowering people to speak up if they feel a product may be unsafe. Everything flows from this. Implement ethical safety into all corporate decision-making.

Implement ethical guidelines and codes of conduct, encouraging transparency accountability in manufacturing processes. Safety before sales. The Grenfell Tower Inquiry Phase 2 report highlights the pitfalls of being driven by financial considerations rather than by the safety of the building residents: fire retardant zinc cladding was replaced with cheaper Aluminium Composite Material, with a Polyethylene core when there was a need to reduce costs. Ethical codes should, for example, make safety a priority, make data falsification a serious offence, and encourage whistleblowing.

Conduct training for all staff, and in particular sales and marketing teams, on both the legal boundaries and the ethical standards expected as well as on product safety.

Implement robust risk management programmes, including conducting risk assessments, maintaining quality assurance records, and establishing clear internal reporting channels for raising concerns.

2. Testing Integrity & Transparency

Honesty in testing. Never manipulate tests or hide results. All product claims must be truthful and backed by proper evidence. Testing and certification for safety-critical products was criticised heavily in the Phase 2 report. This remains a problem today, with those responsible for safety at large construction companies commenting that they frequently receive information on products, such as test reports, which is very out of date, or which does not reflect the way in which they are proposing to use the products. Sometimes this is buried in small print. The Phase 2 report noted dishonesty in the way that manufacturers conducted testing, with allegations of manipulating test results, or gaming the system. Manufacturers should encourage their staff to be scrupulous in testing, even if this means that results are not favourable. After the Grenfell fire, it is likely bodies will be less likely to accept manufacturer data at face face value and to check that certificates are based on solid evidence, rather than using single tests to give the impression that the product is more widely trustworthy.

Test the product in the ways it may be used. Make clear the parameters to which testing applies, e.g. specific formats. If industry tests do not reflect actual usage, make clear the ways in which testing does not reflect reality. Re-test products after any design changes. Do relying on outdated or non-representative results. The Phase 2 report criticised manufacturers for testing products in a way differently from how they were used and then marketing products unsuitably, as safe to use at height.

Make test results available. Potential reforms will require manufacturers to share complete data and maybe make a database of test results available, increasing transparency. Even before then, manufacturers can ensure that test results are easily accessible to customers.

Communicate new tests and changes in test results. The Phase 2 report showed the importance of communicating new test results, or new certifications to regulators and other bodies, criticising reliance on old reports done in situations not typical of the product, and not reflecting changes to the composition of the product. Remember to communicate test results to any applicable regulatory bodies.

Provide regulators and clients with full test histories, including any failed or adverse tests, to all decision making.

3. Marketing, Claims & Design

Only market products for applications for which they are truly safe. Ensure that all claims about products are truthful and can be substantiated, and that any known hazards are disclosed immediately. If a product is not safe for a specific result, explicitly say so – do not rely on others to understand this. Make sure marketing adequately flags differences between products or versions of products, especially in relation to features such as fire safety. Make sure that marketing contains disclaimers or is clear that further information needs to be requested. Do not included products in marketing that gives the impression they are safe for a particular use when this may not be the case.

Ensure products meet or exceed their advertised qualities in real conditions. It is not enough to pass a test once and assume all versions of the product will perform identically. Ensure that in production and in situ products do what they are certified for. More frequent testing, batch testing, or improved processes may be necessary, as any shortfall in performance is critical and may be life-changing.

Consider worst-case scenarios in product design. Explore design improvements or redundancies to prevent disaster if a product may fail under certain conditions. Innovate with safety in mind.

4. Supply Chain Accountability & Use

Be accountable. The Phase 2 Report paints a picture of an industry in need of change, where complex supply chains lead to a lack of accountability and responsibility for decision making: every part assumed someone else was responsible for ensuring safety, and parties assumed that if a product was improper for a design, others in the supply chain would catch this. Some appear to have assumed products were safe to use everywhere. All parties failed in their responsibility to understand contractual fire safety obligations and to uphold fire safety standards. Manufacturers need to be aware how their products are used in conjunction with other products, and embrace their role as a first line of defence in safety. If you make a product, you must consider that you are responsible for how it is used I the real world, providing clearer and more prescriptive instructions on use, limitations, actively querying how the product is to be used {“is this product being used on a high-rise?”) or even refusing to sell a product into a situation you know is unsafe.

Do not allow products to be used in an unsuitable way. Provide clear instructions and limitations for use, actively querying unusual orders, and refusing to sell products into a situation you know is unsafe. Adopting a proactive stance such as this is ethical and may well become a legal expectation under proposed forthcoming reforms (with a new regulator able to intervene if manufacturers do not act responsibly). Manufacturers need to be aware how their products are used and to alert others in the supply chain to potential risks in certain forms or in conjunction with other products.

Work with others in the supply chain to build trust. Participate in industry-wide safety initiatives, transparently report on product performance, and support.

Ensure that products are traceable. In some industries (e.g. the vehicle industry) manufacturers have a good record of traceability, whereas in others such as construction, complex supply chains can make it difficult to track whether and where specific products are used. Manufacturers need to tighten QC processes, ensuring consistent materials and quality, stricter checks. If a flaw is discovered, it should be possible to trace what batches or installations are affected and rapidly inform customers to mitigate risks and demonstrate responsibility.

5. Post-Market Surveillance & Response

Product failures should trigger action. Consider product re-test, product re-design, warnings or withdrawal in the event that a product fails a test or has an unexpected result to a test. Do not ignore unexpected or failed test results. In some areas, individual tests may not be formally classified as failures due to further tests being needed, but do not ignore these results either if they prove unexpected or raise concerns. Documentation including product specifications, performance and limitations should be accurate and up-to-date, and no products should be marketed for use outside their proven safety scope.

Maintain clear documentation surrounding testing, certification, and decision-making.

Establish a Product Safety Incident Plan (PSIP) to respond effectively to safety issues, including product recalls or corrective actions, and to notify enforcement agencies “forthwith” if a product is found to be unsafe, even if no injury or damage has occurred.

Engage in post-marketing surveillance to ensure product safety after sales, so that any risks can be identified, assessed and managed easily.

Act on warning signs. The Phase 2 Reports highlights that all parties ignored the warnings provided by previous fires such as Lakanal House and comparable high-rise fires in the Middle East and elsewhere. The government focused on reducing “red tape” rather than focusing on safety; manufacturers relied on the lack of serious fires involving their product and others in the supply chain to use products in a way that was safe. Manufacturers need to take seriously any warnings, act on warnings, and document decisions taken about potential risks.