Commission de sécurité des consommateurs

HAVING REGARD TO petition no. 98-065 filed by the Institut National de la Consommation [the National Institute for Consumer Affairs]

 

 

Whereas:

 

 

1 – In 1998, the Committee and INC signed an agreement to conduct a comprehensive study on the safety of ski helmets for sale or rent. Under the terms of said agreement, INC ran a series of tests on ski helmets and protective headwear:

- 7 new helmets from the CARRERA, BRIKO, UVEX, BOERI (2), SCOTT and CÉBÉ brands, including two (SCOTT and CÉBÉ) helmets that burst during impact testing at very low temperature (-20°C);

- 5 rental helmets from the Brekka, Briko, Boeri, Scott, and Cébé brands; all of which performed well included the same two models that burst when new;

- 1 new UVEX headwear and 4 rental headwear (2 Cébé and 2 Uvex). The tests showed that the impact absorbing capacity of headwear is four times lower than helmet impact absorbing capacity. Furthermore, during penetration testing, the pointed striker penetrates the headwear and sinks 2 to 12 millimetres into the head of the dummy.

 

 

2 – Following the tests, INC filed petition no. 98-065 with the Consumer Safety Committee. The petition drew the Committee’s attention to the risks of protective headwear when accidents occur. The INC published the test results in the December 1998 issue of 60 Millions de Consommateurs [French consumer magazine].

 

 

3 – The Committee working with numerous partners (see appended list) initiated a prevention and promotional campaign on the topic, ‘Make you child wear a ski helmet’. During the Christmas 1998 and February 1999 school holidays, the campaign message was broadcast on television and posted on billboards. A campaign pamphlet was drafted jointly with the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF, General Directorate for Competition Policy, Consumer Affairs and Fraud Control). The pamphlet warned that, “several types of helmets are available on the market but they do not all provide the same protection.” There is:

 

-          Simple ‘protective headwear’

-          Helmets made with a one-piece shell lined with inner shock-absorbent padding

-          Helmets with face shields with a rigid chin bar around the lower jaw 

 

 

 

4 – On December 18, 1998, the DGCCRF mindful of alerting professionals and users about the hazards of protective headwear before the skiing season published an ‘Opinion addressed to the manufacturers, importers, retailers, and users of helmets for skiing’ in the Official Journal.

 

5 – The Opinion stipulated that protective headwear are only designed to protect against small risks such as light scalping. Whereas consumers tend to confuse light protective headwear and ski helmets compliant with Standard NF EN 1077 of May 1996 that protect against violent impacts, the sale, rental or loan of protective headwear had to include user warning messages stating that protective headwear is not appropriate for snow sliding sports.

 

6 – The DGCCRF also reminded manufacturers, importers, and retailers providing headwear free of charge or for a fee that they were liable if they provided any misleading information on the respective qualities of helmets and protective headwear.

 

7 – Ski schools were advised to promote children’s awareness of the need to wear the appropriate helmet for their activities. 

 

8 – “Users’ attention is drawn to the fact that the CE marking and the look of the helmets are not enough to infer the protective level of the models on sale. User should check the technical qualities of the models before any purchase. Said users should be warned that they and their children run the risk of serious accidents when they practise snow sliding with inappropriate protective headwear.” 

 

 

 

 

9 – The December 21, 1989 Directive 89/686/EC amended by the September 3, 1996 Directive 96/58/EC on the approximation of the laws of Member States relating to personal protective equipment (PPE) defines three classes of PPE:

 

- Class 1: PPE of simple design such as light anti-scalping headwear

- Class 2: PPE designed to protect wearer against serious mechanical, physical or chemical actions, shocks and vibrations that may harm vital body parts or cause irreversible lesions. Ski helmets are Class 2 PPE.

- Class 3: PPE designed to protect against mortal dangers

 

10 – The Directive was transposed by texts that were included in the legislative and regulatory parts of the Labour Code, which are the PPE ‘common law’ and by Decree 94-689 of August 5, 1994 relating to the prevention of risks due to the use of PPE for sports. The Decree did not include light anti-scalping headwear, which might have included protective headwear, in Class 1.

 

11 – Draft legislation to amend the Decree and remedy this deficiency – the object of a Opinion issued by the Committee on February 5, 1997 – has not yet been enacted.

 

12 – This is how matters now stand:

 

- Ski helmets must comply with Standard NF EN 1077 of May 1996, which lists minimum performance requirements and testing methods for ski helmets

- There is no standard for protective headwear. However, as for all PPE, the headwear bears the CE marking that is not proof of conformity with essential safety requirements.

 

 

          ●     In France

 

13 – According to the data in the 1998 report by the Système National d’Observation de la Sécurité en Montagne (SNOSM, the national observation system for mountain safety), during the 1997-1998 season there were 32,000 non-collision alpine ski accidents (plus 5,600 snowboarding accidents) and 1,900 collision alpine ski accidents (plus 350 snowboarding accidents).

 

14 – Children under 10 and 11 to 15 year-olds accounted for 20% and 14%, respectively, of cranial traumas following a collision. Children under 15 accounted for approximately 650 accidents per collision. For children under 10, 23% of the injured were wearing a helmet, 77% were not.

 

15 – For 11 to 15 year-old teenagers, 10% of the injured were wearing a helmet; 90% were not.

 

16 – A child named Frachet wearing protective headwear had a fatal accident after colliding with an adult skiing at high speed. The accident resulted in petition no. 98-007 filed with the Committee and a sentence rendered by the Albertville Court on December 14, 1998. 

 

      ●     Abroad

 

17 – According to a survey published by the U.S. Consumer Product Safety Commission on January 14, 1999, wearing a helmet would lower head injury severity by 44% for adults and by 53% for children under 15. The same survey also reported that wearing a helmet halved the risk of head injuries for skiers, according to a national survey conducted in Sweden.  

 

 

18 – The ski helmet market is still small but it is rapidly growing. However, manufacturers and importers are usually reluctant to provide any numbers. All the helmets are made abroad, mainly in Italy where they have CSI approval (certificazione con sorveglianza di prodotti industriali), an EN 1077 standard compliant certificate. Only CÉBÉ protective headwear is manufactured in France.

 

19 – Two manufacturers, four importers, and three retailers were heard.

 

20 – Helmet samples were provided for Committee information. The quality of the information in the instructions for new models should be mentioned: list of the sports for which the model is inappropriate (motorbike riding), advice on how to put the helmet on properly, recommendation to change the helmet after an impact or after three years, and hygiene advice. The marking of the Standard is indelibly etched on the helmet. 

         ●     Hearings with manufacturers

 

21 – CÉBÉ manufactures protective headwear (that has not been marketed under the company name since the 1998-1999 season but under ROD, a private label). However, CÉBÉ sells helmets made in Italy; some are manufactured according to a ‘design’ provided by CÉBÉ. The company is the helmet market leader in France. In 1995, CÉBÉ sold 20,000 items in France (100% protective headwear); 24,000 items including 1,680 helmets (7%) in 1996; and 38,000 items including 14,060 helmets (37%) in 1997. The growing share of helmets in company sales should be underscored. The technical documents make a clear difference between helmets and protective headwear.

22 – BOERI SPORTS is an Italian manufacturer whose equipment is sold by ODEM Sports in France. BOERI SPORTS manufactures 150,000 ski helmets per year (13,000 ski helmets per year are sold in France) but no protective headwear. The instructions recommend choosing a size that fits the user and sending the helmet back to the manufacturer in case of impact, so that the helmet can be checked. To date, no helmet has been sent back.

 

       ●       Hearings with importers

23 – SCOTT does not sell protective headwear. It imports ski helmets made by ACERBIS in Italy. The instructions are detailed: do not use the helmet for other sports, do not use the helmet after an impact even if damage is not visible, helmet should not be worn for more than three years. Furthermore, buyers can select the best fit for their helmet thanks to a grid with skull diameter and matching helmet size. Inside padding cannot be removed, raising the issue of hygiene for helmet rentals. SCOTT has recalled the SCOTT JUNIOR models as one burst during INC tests. 

24 – SUNSET sells the UVEX (number one in Germany) brand helmets manufactured in Germany and in Italy, which are certified in Germany, and protective headwear made in Spain. According to the company, protective headwear in foam rubber, which is fairly elastic, has the advantage of being more comfortable, lighter (330 grams against the 500 grams of a helmet), and more ventilated. Protective headwear comes in two sizes and the helmets in five. Inner padding is removable and washable. During the 1997-1998 season, SUNSET sold 2,400 helmets and 3,700 protective headwear. By December 28, 1998, the company had sold 2,900 helmets and 3,400 protective headwear.

 

25 – FKF SPORTS imports CARRERA helmets. Carrera is an Austrian brand that was taken over by SAFILO, an Italian group. With 5,000 helmets sold per year, the company accounts for 20 to 25% of the ski helmet market. FKF Sports does not sell protective headwear. The helmets are manufactured in Italy and the product studies are conducted in Austria. The helmets are sold with a label recommending users change the helmet after an impact and after three years.

26 – GB DIFFUSION imports Italian helmets made by MANGO (a thousand a year) and by BREKKA as well as a few (200 units) protective headwear. KIWI, an Italian company, has recently designed a helmet that comes in different sizes (52 to 58), for BREKKA. GB Diffusion has sold 800 units of this model. The company will stop selling protective headwear. It also mentioned APAR, a sterilising product sold in pharmacies, for disinfecting the inner helmet lining.

 

27 – Three out of the six companies only sell BOERI, SCOTT and FKF SPORTS helmets. GB DIFFUSION will only be selling helmets as of next season.

 

       ●      Hearings with the retailers

28 – GO SPORTS only sells helmets. Prices range from 199 to 449 French francs. They sell BOERI, SCOTT and KIWI models. The helmets are on a self-service display in ascending order of sales price, in the children’s departments of their ski store.

GO SPORTS sells as many helmets as it does skis but the purchases are not always simultaneous because of customers’ budget for ‘skiing’ expenses. The helmet sales amounting to several thousand units have doubled in a year.

29 – At AU VIEUX CAMPEUR, helmets are not on a self-service display. They are offered by the sales person who recommends that consumers choose the right size (the helmet has to fit properly), is able to unbuckle the strap easily (it shouldn’t be too tight), and check that the child can hear through the helmet. The sales person also advises consumers to change helmets every three years and immediately after any impact. Sales doubled this season up from the 600 sold in 1997-1998. In 1997-1998, AU VIEUX CAMPEUR used to sell UVEX protective headwear but now only sells helmets. Five models are available (including an UVEX racing helmet): CÉBÉ and CARRERA (the highest sales), SCOTT and BREKKA (the adjustable model). Prices range from 299 to 369 French francs.

 

30 – DECATHLON is selling helmets along with protective headwear for the last time. Protective headwear will be removed from sales for the 1999-2000 season. Protective headwear accounts for 20% of helmet sales and is only available in small sizes. Four models are sold, BOERI, SCOTT, and CÉBÉ (2). An A4 format counter card explains the difference between helmets and protective headwear. The differences are also talked about in the training classes for the sales personnel. DECATHLON is planning to market its own-brand of helmets for children, which will be lighter than a standard helmet.

 

31 – Non of the three retailers that were heard will be marketing protective headwear for the next ski season.

32 – Two types of products are now marketed in France. They do not provide the same level of protection. Therefore, consumers may be confused about the level of protection, a factor likely to increase risks.

 

33 – Actually, protective headwear is only effective for light impacts that do not harm vital body parts. For alpine skiing, only ski helmets compliant with the recommendations of Standard EN 1077 for alpine skier helmets provide true protection against violent impacts that may cause cranial traumas. 

 

34 – For the other snow sliding sports that may incur collisions or violent impact risks, there are no helmets compliant with a special sports-specific standard.

 

 

35 – For activities (other than snow sliding sports) that only incur slight risks, protective headwear may be used. However, markings and instructions must be more specific. 

 

 

36 – All domestic statistics show that children and teenagers are the age groups with the highest rate of cranial traumas. Furthermore, foreign statistics show that wearing a helmet halves skiers’ risk of head injuries. 

 

37 – Wearing a helmet must not be limited to alpine skiing. Actually, numerous accidents have also been reported for snowboarding (see B9). Other sliding sports are not risk-free either.

 

38 – There are now more than 7.5 million alpine skiers and 2.5 million cross-country skiers per year. Adult skiers may be victims of cranial traumas (see B9). Furthermore, it has been reported that abroad and specifically in the United States, adults are increasingly wearing helmets.

 

 

39 – It has been observed that ski helmets are too heavy for very young children. Indeed, Standard EN 1077 only takes into account adult morphology. Furthermore, Standard EN 1077 only concerns alpine skiing.

 

 

40 – Helmets must become essential accessories like skis or poles. 

 

 

41 – After having heard Mrs. BONHOMME, INC representative, at her request;

 

 

 

  

1 – The Committee recommends that the public authorities:

 

-  Forbid the use of ‘protective headwear’ for snow sliding sports (alpine skiing, snowboarding, sledding, and so on)

-  Make helmets mandatory for children and teenagers and recommend that adults wear helmets for snow sliding sports (alpine skiing, snowboarding, sledding, and so on)

 

 

2 – Professionals should improve the markings and labels of protective headwear that can no longer be used for snow sliding sports so that consumers are very clear about how the product may be used. 

 

 

3 – The people, authorities, and organisations in charge of standardisation should study:

 

-  The introduction of an amendment to Standard EN 1077 on alpine ski helmets so as to include children’s special morphological features

-  The extension of Standard EN 1077 or the design of new standards for helmets for other sliding sports

 

 

4 – For loans or rentals, helmets should always be offered with the rest of the required equipment for sliding sports.

 

 

5 – Last, since the safety of the ski area is not only dependent on wearing helmets but also on user behaviour and the planning of the slopes and their approaches, special recommendations will be set forth in an upcoming Committee Opinion.