Elizabeth Griffin

Jacqui Guerreiro

PA to the Chief Executive/

Executive Support Manager
Chartered Trading Standards Institute

i 1 Sylvan Court, Sylvan Way
Chartered Tra d In & Southfields Business Park
Standards Institute Basildon, Essex, SS15 6TH
Telephone:
Mobile:
E-Mail:

Dr Fiona J Wilcox

HM Senior Coroner

Inner West London
Westminster coroner’s Court
65 Horseferry Road

London

SW1P 2ED

23 March 2018

Dear Dr Wilcox
Mrs Elizabeth Marion Griffin

Thank you for your sending a copy of the report into the death of Mrs Elizabeth Marion Griffin
to the Chartered Trading Standards Institute.

| would like to take this opportunity to advise you that the Chartered Trading Standards Institute is a
private company and professional body for trading standards officers, as such this matter is not
something that we are able to get involved with as we have no powers, this would be a matter for
trading standards departments that are run by local authorities.

On a separate matter you may be interested to hear that CTSI has recently conducted a workforce

survey of trading standards services in England and Wales. This demonstrates the severe and deep

cuts to trading standards services which in turn has led to a reduction in activity and prioritisation. A

copy of the survey can be viewed at hitps:/Awww.tradingstandards.uk/media/documents/news--
olicy/surveys/ctsi-workforce-survey-2017.pdf

1 am sorry that our organisation is not able to be of any further assistance in this matter.

Yours sincerely

P|

www.tradingstandards.uk CTSI incorporated by Royal Charter reg no. RCO00879

AG Andrew Griffiths MP

Department for Department for Business, Energy &
* Industrial Strategy
Business, Energy 1 Victoria Street

. London
& Industrial Strategy SW1H OET

T +44 (0) 20 7215 5000

E  enquiries@beis.gov.uk
Dr Fiona J Wilcox ; W  www.gov.uk
HM Senior Coroner
Inner West London
Westminster Coroner's Court 36 April 2018
65, Horseferry Road
London
SWIP 2ED

oa
Dear Ttanwn j

Thank you for your Regulation 28 Report to Prevent Future Deaths, dated 7 March 2018
following your investigation and inquest into the death of Mrs Elizabeth Griffin, aged 71, due to
accidental death caused by bronchopneumonia and smoke inhalation injuries from a fire
started by a Whirlpool dishwasher. | am responding as the Minister responsible for product
safety.

May | first say how sorry | was to hear of this tragic incident. If you have the opportunity, -
please convey my deepest sympathies to Mrs Griffin's family.

The Government and my Department takes the safety of all consumers very seriously.
Dishwashers fall within scope of the Electrical Equipment (Safety) Regulations 1994 or 2016
depending when the product was placed on the market. Both sets of Regulations contain the
same essential safety requirements which require that domestic electrical equipment are safe
to use. Manufacturers have a responsibility to put only safe products on to the market. In law,
where they identify a safety issue with a product already on the market they must take action
which may, where appropriate, include a recall. In assessing the safety of a product, account
is taken of a number of factors including labelling, instructions for use and adherence to
standards.

In your report you have expressed three main concerns relating to product safety:

e The length of time taken by Whirlpool UK to'launch the repair/withdrawal campaign;

e That there should be a safety campaign encouraging owners of appliances to register
through a central portal so they can be contacted promptly if a safety issue is identified
with a particular product; and

e That any such campaign should be also targeted at those who are less computer
literate and consideration be given as to how to address their needs in relation to
registration.

The Government is clear that manufacturers, importers and distributors must act swiftly and
with sufficient resource to ensure effective action when a safety issue is identified in a product
that is already on the market and in use in consumers’ homes.

As you know, the dishwasher that started the fire that caused Mrs Griffin's death was a model
that was subject to a corrective action programme as it had been identified as representing a
safety risk. The manufacturer is responsible for ensuring the safety of their product and for
taking corrective action when safety issues are identified. Sadly, in this case, Mrs Griffin’s
dishwasher was not identified by Whirlpool and had not been repaired or replaced.

In January 2018, the Government announced an upgrade to the product safety system to be
led by a new Office for Product Safety and Standards. | recognise the issues you have set out
in your report and want to assure you that these are issues we have taken action on and will
continue to be a focus for the work of the new Office for Product Safety and Standards.

Before the new Office was established, the Government had already taken several to deal with
the issues you have identified.

I note your concern about the apparent delay between the company being made aware of a
potential problem with the product and formal action taken to initiate a modification
programme. The law requires manufacturers to notify enforcement authorities as soon as they
identify a risk with a product they have placed on the market.

| have asked the Office for Product Safety and Standards to work with local authorities and
businesses to clarify expectations regarding the criteria for triggering a notification of risk to
regulators, and how this can be done more effectively with Office support in order to improve
levels of consumer protection in the UK.

In October 2016 the Government set up a new central recalls website to provide consumers
with information on recalls of all electrical goods and other products. The recalls website was
upgraded in June 2017 and provides a single portal for access to information about current
product recalls, drawing on UK and international recall information. It provides a centralised
up to date source of trusted advice and information that users can interact with. Government
also advises consumers to register their electrical appliances, whether new or second-hand,
with the manufacturer via the recalls website, so they can be informed directly by the
manufacturer should a recall or other corrective action subsequently be required. Future
upgrades to the website expected by 2019 will involve the building of an extensive data hub of
all corrective action and recall programmes affecting consumer products. This will develop a
comprehensive digital service that provides a centralised up to date source of trusted advice
and information for consumers on product safety and recalls which users can interact with.

The Government also supports and encourages the use of the Association of Manufacturers of
Domestic Appliances’ ‘Register My Appliance’ site, which enables manufacturers to contact
customers directly where a product fault has been identified.

The Office for Product Safety and Standards is leading work to improve businesses product
recall processes. My Department commissioned the British Standards Institution (BSI) to
create a new Code of Practice on product recalls (PAS 7100 Code of practice on consumer
product safety related recalls and other corrective action). This was launched on 7 March. It
guides businesses and regulators.through the process of planning for and handling a product
safety incident for non-food consumer products. The Code of Practice also sets out for Local
Authorities the guidance and advice they should be making available to enable businesses to
meet their legal responsibilities and act in the public interest.

The Code of Practice establishes best practice guidance for business on effective methods of
reaching consumers, particularly for those consumers who do not have access to on-line
methods.

You may also wish to be aware that | will be meeting with the General Manager of Whirlpool
UK in May regarding Whirlpool’s approach to product recall and corrective action.

Thank you for bringing this important issue to my attention, and to other parties. The
Government is committed to product safety for all consumers and | believe that the steps we
have taken will further strengthen the UK’s product safety regime and help to avoid tragedies
like this in future.

Yours sincerely

pe AC

ANDREW GRIFFITHS MP
Minister for Small Business, Consumers & Corporate Responsibility

WHIRLPOOL UK APPLIANCES LIMITED'S RESPONSE TO
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

DATED 7 MARCH 2018

We are writing to provide Whirlpool's response to the Regulation 28 Report-to Prevent Future Deaths
dated 7 March 2018 arising out of the inquest into the death of Mrs Elizabeth Marion Griffin.

Before we address the report, we would like to take the opportunity to say how very sorry we were to
learn of this tragic incident and would like to pass on our sincere condolences to the friends and family
of Mrs Griffin.

We have reviewed carefully the comments of the Coroner set out in the Regulation 28 Report, and
respectfully provide the following responses to the "Matters of Concern" raised in that report.

WHIRLPOOL'S PRODUCT SAFETY PROCESSES

The Coroner raised concerns over the length of timing of the safety campaign for the DWF Series 3
Dishwashers. We welcome the opportunity to provide some context to that safety campaign and
Whirlpool’s product safety processes.

The safety campaign was conducted in full cooperation with Trading Standards by Indesit Company UK
Limited. At all times Indesit responded promptly to the information that was available to it.

In terms of Whirlpool’s systems and procedures to deal with future issues that may arise, we take the
opportunity to outline the following details of those systems and procedures which now apply following
Whirlpool’s acquisition of Indesit. -

Whirlpool has a comprehensive set of policies, procedures, and guidelines in place for field monitoring,
field safety investigations, analysis, risk assessment, and reporting potential safety hazards associated
with its products in order to inform an expeditious decision on a field corrective action. These systems
have been developed and refined over decades, and Whirlpool keeps those systems under review as
part of its commitment to continual improvement.

Whirlpool's approach to product safety governance starts with senior leadership oversight, with a
specially designated Executive Safety Committee. The membership of Whirlpool's Executive Safety
Committee includes members of the Whirlpool senior leadership team from a cross-section of the
company. This team is responsible for the decisions regarding the need to undertake field corrective
actions for potential product safety risks that have been identified.

Whirlpool’s Governance Model is implemented through formal corporate policies which define
Whirlpool's position and philosophy on product safety, formally puts in place the product safety system,
defines clear roles and responsibilities for all employees and functional groups, requires pre-market risk
assessments, post-sale monitoring of product performance and safety, requires risk assessment of
potential issues that are identified on units already with consumers, and defines required
communication protocols for these risks. The Governance Model is supported and implemented through
multiple corporate and functional policies and procedures.

Another important aspect of product safety governance at Whirlpool is the built-in system of checks and
balances. Whirlpool has established an independent Global Product Safety Team which operates
separately from product development, engineering, and commercial teams. The independence from the
product development, engineering, and commercial teams allows this team to make unbiased decisions
that are focused first on safety. This team has a direct link to the Whirlpool senior leadership team.

Whirlpool requires a continual assessment of risk of potential safety hazards throughout the lifecycle of
the product, from product development, to marketing, to disposal. This includes a formal and
comprehensive pre-market risk assessment and safety audit, and continuous field monitoring of field
hazard incidents and allegations.

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Whirlpool's approach to monitor product performance in the field is a broad approach, practiced globally,
that considers all reports that we receive involving our product where the consumer perceives their
safety may be at risk.

Whirlpool receives information and data about potential product safety iricidents from multiple sources,
including among others, consumers, Trading Standards, Fire & Rescue Services and insurance
companies.

When this initial contact occurs, every effort is made to gather as much information as possible
regarding the appliance, the consumer, and the alleged incident. This allows us to both assist the
consumer wherever we can, and it also allows us to investigate the matter in more depth.

Regardless of the source of the information, all such cases are channelled through to a dedicated team
in the UK to ensure that we have a consistent approach with our initial investigation process throughout.
We wish to make it clear that there is no reluctance on the part of Whirlpool to consider, and, as
appropriate, place due reliance on information received from sources external to Whirlpool. Indeed,
information from external sources is vitally important, including information received from experts not
appointed by or on behalf of Whirlpool.

If an alleged incident description references any concerns of safety, efforts are made to arrange a visit
to the consumer's home by a qualified service engineer to further assess the reported experience; to
gain additional facts; and to better understand the alleged event. This access to the product allows for
further assessment of the consumer's description and provides a better understanding and refinement
of the physical facts to determine if our product may have behaved in a potentially unsafe manner.

If the information provided continues to lead the team to believe that the product's behaviour may have
resulted in it failing in a potentially unsafe manner, then, wherever possible, arrangements are made to
retrieve the product and return it to our Product Safety Team for a detailed inspection, here in the UK.
Retrieving the product allows Whirlpool to conduct a more robust engineering inspection in a laboratory
~ environment with the intent to identify and confirm the root cause that may or may not be consistent
with the consumer's reported experience. If retrieval of the product is not possible (for example where
the product cannot be released to us for legal reasons), where appropriate, throughout the country
Whirlpool routinely uses third party, (independent) forensic engineers to support this work and examine
the appliance on our behalf.

In some instances, the physical product may not be available or may not require a field replacement;
however, the details of the report are still documented in our system and can be used qualitatively when
an engineering investigation is performed.

Whirlpool's process is structured to funnel, along with other pertinent information, all machine inspection
reports into one central database, irrespective of whether the report was generated by a Whirlpool
employee or an independent forensic expert.

Every alleged incident that is reported to Whirlpool is investigated and at the end of the investigation, if
safety-related in nature, is reviewed by the team of dedicated product safety engineers, and is judged
on the merit of the information available, irrespective of the source of that information (be it internally or
externally gathered information), including where appropriate with the further support of external
experts. After this review, the incidents are categorised into a structured and searchable database so
potential field safety hazards, that may require further action, can be identified, monitored, and
assessed.

Action taken or proposed to be taken

Whirlpool continues to apply the processes described above on an ongoing basis, and will continue to
carefully monitor reports from the field, and from other sources, which may involve risks associated with
its products. These reports are dealt with promptly and without undue delay.

We trust that this additional information and further explanation helps in addressing any concerns that
were raised during the course of evidence at the inquest.

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ENCOURAGING REGISTRATION FOR ALL CONSUMERS

The AMDEA (Association of Manufacturers of Domestic Electrical Appliances) ‘Register My Appliance’
scheme (at www.registermyappliance.org.uk) provides a central portal for consumers to register not
only their kitchen appliances but also all electrical appliances in their home.

Whirlpool continues to be a prominent advocate within AMDEA both to promote consumer awareness
of the scheme and to communicate to consumers why registration is so important. It features on our
websites and across our consumer literature. We are proud to have the highest consumer appliance
registration rate in the industry and one of the largest consumer databases.

Action taken or proposed to be taken

Whirlpool participates in ‘Register My Appliance’ day, which takes place annually in January. The event
provides the ideal opportunity to promote the purpose and benefits of the scheme and to encourage
registration by consumers. We use the event as a platform to launch specific Whirlpool initiatives around
registration of appliances. For example, in the lead up to the last campaign, Whirlpool offered prizes to
encourage registration among consumers.

Whirlpool encourages registration of its products via both online and offline methods. Consumers
are able to call a freephone number (0800 597 8557) if they do not feel comfortable using the online
portal and prefer human interaction. Consumers who call the freephone number will speak to
dedicated trained advisors who are available seven days a week. The advisors will login to the
online registration portal to enter the consumer's details.

Whirlpool places a prominent coloured sticker on the front of every new product sold, which
encourages consumers to register their products. Consumers are encouraged to call the freephone
number or to register online. The sticker has been designed to make it highly visible to consumers,
so they are more likely to register. .

As part of its ongoing commitment to encouraging registration, Whirlpool includes details of the
registration freephone number in its marketing materials both before and after sale.

Whirlpool continues to pursue initiatives to improve registration rates both for its own products, and
within the industry generally. Over the past year Whirlpool has engaged in dialogue with key
stakeholders including consumer advocacy groups and government agencies to consider options for
addressing this important issue. For example, Whirlpool is actively leading discussions within the
industry on how to improve consumer awareness of the ‘Register My Appliance’ site, make the site
easier to navigate, and make the importance of registration clearer. In recent consumer
communications, Whirlpool has also worked with consumer advocacy groups and charities to
encourage registrations among more vulnerable members of society who may prefer human
interaction to online registration.

Whirlpool will continue that dialogue, and intends to work to maintain its role as a leading industry player
in this area.

PUBLICATION OF THIS RESPONSE

As the Regulation 28 Report was published, Whirlpool thinks it appropriate for this Response to be
published. :

For and on behalf of Whirlpool UK Appliances Limited

Dated: 2 May 2018

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