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COLUMNISTS
TODAY'S STORIES
10.07.2008
Trash Trailers

The sordid saga of elevated formaldehyde levels in the trailers supplied to Katrina victims is the kind of incident that makes you shake your head in awe at the shameful behavior of damn near everyone involved: The trailor manufacturers knew their products had unsafe levels of formaldehyde. One company, Gulf Stream Coach, even conducted internal tests on the issue back in 2006--but then hushed up the findings as "irrelevant" since FEMA apparently already knew about the problem.

FEMA, meanwhile, did nothing with its knowledge--except reject Gulf Stream Coach's later offer to run addtional tests.

Better still, corporate chiefs (and some Republican congressmen, of course) are now insisting that the trailer makers, despite knowing that their products were unsafe, should not bear any of the responsibility, because the government should have been clearer in establishing binding, consistent air-quality standards. "Instead of beating up manufacturers, we ought to give them a little vote of confidence," recommended Indiana's Dan Burton, citing the dearth of formaldehyde complaints pre-2006.

Whatever else this line of argument accomplishes, it certainly draws into question that whole notion of self-regulation by industry. These manufacturers knew their products posed a health hazard. They had even conducted tests to prove it! But they apparently didn't feel compelled to do anything about the risk, because they hadn't been specifically ordered to by the federal government. Can't you just hear the board meeting debate now: Well, if the government isn't going to tell us exactly how far we must go to stop poisoning consumers, why on earth should we bother to try? So much for industry taking the self-interested long-view of corporate responsibility.    

Of course, perhaps if this administration hadn't spent its entire eight years trying to prove that government is utterly incompetent... 

--Michelle Cottle

Posted: Thursday, July 10, 2008 2:01 PM with 4 comment(s)

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GSpinks said:

Republicans actually arguing for increased regulations on something?! What next, Republicans are going to start arguing for a bill of workers' rights?

July 10, 2008 11:51 AM

cspencef said:

No, Republicans are arguing it's the government's fault for not regulating something Republicans have long been working to prevent the government from regulating.  C'mon, GSpinks, don't you see logic?

July 10, 2008 2:16 PM

psantillana said:

It's both the manufacturer AND the government's fault, because the government was the vendor of the unsafe product. The manufacturer knew there was something wrong, and it shouldn't have let FEMA say "it's ok, give us the trailers anyway." FEMA is not the EPA. FEMA puts the products into the hands of the consumer, that's all. They have no expertise or jusridiction over what is safe or not. Product liability is based on a lot of things, and the absence of a government regulation doesn't let any product off the hook, it only works the other way around. That is, if there HAD been a clear standard and the manufacturer plainly failed to meet it, then boom, liability for resulting damage. But in the absence of a regulation you look to the facts of the case - what did they know or should have known, what did they do, what happened as a result? These facts look very bad for the manufacturer and very bad for the vendor, FEMA.

Self regulation should work if the company knows it's on the hook for any screw ups. Then the company just says "screw you, FEMA, we can't risk poisoning a lot of people with these trailers and we need to make sure they're safe." But like the telecom companies, they shrink into children in the face of the gummint and bleat "well teacher said it was ok to [poison/spy on] Timmy". That's the problem right there. They never say "screw you" to teacher.

July 10, 2008 4:13 PM

ackyri said:

Tainted trailers are the new poxy blankets.

July 11, 2008 1:59 PM