"There is a strong public safety interest in ensuring that testing moves forward and that NHTSA has access to all test data," NHTSA Administrator Mark Rosekind said.

Takata Ordered to Preserve Air Bag Inflators

Secretary Foxx announced NHTSA also will upgrade the Takata investigation to an engineering analysis, a formal step in the agency's defect investigation process.

The National Highway Traffic Safety Administration recently issued an order requiring Takata to preserve all air bag inflators removed through its recall process as evidence for NHTSA's investigation and private litigation cases.

"This department is focused on protecting the American public from these defective air bags and at getting to the bottom of how they came to be included in millions of vehicles on U.S. roads," U.S. Transportation Secretary Anthony Foxx said. "This preservation order will help us get the answers we need to accomplish those goals." He announced NHTSA will upgrade the Takata investigation to an engineering analysis, a formal step in the agency's defect investigation process.

"Upgrading the investigation is an important step in determining the actual cause of the air bag failures and the appropriateness of remedies, as well as determining whether Takata's refusal to notify the agency of a safety defect violates federal safety laws or regulations," according to NHTSA. "Since 2008, automakers have recalled about 17 million vehicles with Takata air bags that can rupture when they deploy, producing fragments that can kill or seriously injure occupants. In 2014, five automakers – BMW, Chrysler, Ford, Honda and Mazda – launched national recalls at NHTSA's urging for defective driver-side air bags. Those five, plus General Motors, Mitsubishi, Nissan, Subaru, and Toyota, are recalling vehicles for defective passenger-side air bags in areas of consistently high absolute humidity, which is believed to be a factor in the ruptures."

"There is a strong public safety interest in ensuring that testing moves forward, and that NHTSA has access to all test data," NHTSA Administrator Mark Rosekind said. "We have worked closely with attorneys for private plaintiffs to construct this order so that it protects plaintiffs' legal rights, while also supporting our efforts to protect public safety."

The order mandates:

  • Takata is prohibited from destroying or damaging any inflators except as is necessary to conduct testing.
  • Takata is required to set aside 10 percent of recalled inflators and make them available to private plaintiffs for testing.
  • Takata is required to submit for NHTSA's approval plans for gathering, storing and preserving inflators already removed through the recall process and inflators removed in the future, as well as written procedures for making inflators available to plaintiffs and automakers who request access.
  • Plaintiffs or automakers who seek access to inflators must submit to the terms of the preservation order, which grants NHTSA access to all testing data.

Download Center

  • OSHA Recordkeeping Guide

    In case you missed it, OSHA recently initiated an enforcement program to identify employers who fail to electronically submit Form 300A recordkeeping data to the agency. When it comes to OSHA recordkeeping, there are always questions regarding the requirements and ins and outs. This guide is here to help! We’ll explain reporting, recording, and online reporting requirements in detail.

  • Incident Investigations Guide

    If your organization has experienced an incident resulting in a fatality, injury, illness, environmental exposure, property damage, or even a quality issue, it’s important to perform an incident investigation to determine how this happened and learn what you can do to prevent similar incidents from happening in the future. In this guide, we’ll walk you through the steps of performing an incident investigation.

  • Lone Worker Guide

    Lone workers exist in every industry and include individuals such as contractors, self-employed people, and those who work off-site or outside normal hours. These employees are at increased risk for unaddressed workplace accidents or emergencies, inadequate rest and breaks, physical violence, and more. To learn more about lone worker risks and solutions, download this informative guide.

  • Job Hazard Analysis Guide

    This guide includes details on how to conduct a thorough Job Hazard Analysis, and it's based directly on an OSHA publication for conducting JHAs. Download the guide to learn how to identify potential hazards associated with each task of a job and set controls to mitigate hazard risks.

  • The Basics of Incident Investigations Webinar

    Without a proper incident investigation, it becomes difficult to take preventative measures and implement corrective actions. Watch this on-demand webinar for a step-by-step process of a basic incident investigation, how to document your incident investigation findings and analyze incident data, and more. 

  • Vector Solutions

OH&S Digital Edition

  • OHS Magazine Digital Edition - November December 2022

    November December 2022

    Featuring:

    • IH: GAS DETECTION
      The Evolution of Gas Detection
    • OSHA TOP 10
      OSHA's Top 10 Most Frequently Cited Standards for FY 2022
    • FALL PROTECTION
      Enhance Your Fall Protection Program with Technology
    • 90TH ANNIVERSARY
      The Future: How Safety WIll Continue to Evolve
    View This Issue