National Elevator Industry, Inc. · NEII Ad-Hoc Crocs Steering Committee – Dennis Mayer. • Objectives - Attachment #4. • Media Analysis of Crocs-Related Escalator Issue - Attachment

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National Elevator Industry Inc

1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

WWWNEIIORG bull E-Mail infoneiiorg

AGENDA s

NEII BOARD OF DIRECTORS SIMSBURY 1820 HOUSE

SIMSBURY CONNECTICUT APRIL 7 2009

1 Call to Order ndash 930 am 2 Roll Call 3 Adoption of Agenda 4 Approval of Minutes February 17 2009 Meeting 5 Election of NEII Officers

Dennis Mayer will report for NEII Membership and Nominating Committee 6 Welcome a President - Randy Wilcox b Managing Director ndash Edward A Donoghue 7 Presentations a NEII Communications Committee ndash Cayce Blanchard b NEII Trust Committee ndash Timothy Grace c NEII Safety Committee ndash Louis DeLoreto d NEII Government Affairs Committee ndash John Karnash e NEII Central Code Committee ndash Andy Juhasz

Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 2 of 3

f PBC Project ndash John Karnash and Andy Juhasz g NEII Code and Safety Consultant ndash Brian D Black

h Elevator Escalator Safety Foundation ndash Robert Merlo

EXECUTIVE SESSION 8 Reports a President b Treasurer ndash Steven D Patton

bull Treasurer Report - Attachment 1 bull Loftus Ross LLP 2008 Audit ndash Attachment 2

c Administrator ndash Edward A Donoghue d NEII Code and Safety Consultant ndash Brian D Black

bull Semi-Annual Report Attachment 3 e Central Code Committee ndash Andy Juhasz

f Government Affairs Committee ndash John Karnash g NEII Ad-Hoc Crocs Steering Committee ndash Dennis Mayer

bull Objectives - Attachment 4 bull Media Analysis of Crocs-Related Escalator Issue - Attachment 5

9 Old Business

a WebTeleconference NEII Committee Meeting ndash Brian Black Louis Bialy and John Karnash

10 New Business a 2009 EESF Contribution 11 Committee Appointments 12 Membership

Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 3 of 3

13 Meeting Schedule

June 16 2009 100 PM EDT Teleconference Meeting

September 23 2009 United in Orlando Gaylord Palms Orlando Florida

NAEC Rate $18600 SingleDouble Telephone 4075862491 Addition information including hotel reservations httpwwwunitedconventioncomhotelshtml

December 7 2009 100 PM EST Teleconference Meeting

14 Adjournment Attachments 1 Treasurer Report 2 Audit 3 Code and Safety Report 4 Ad-Hoc Crocs Committee Objectives 5 Media Analysis Crocs Issue cmy documentswpdocsneii board of directors200904-07 agendadocx

NATIONAL ELEVATOR INDUSTRY INCYTD February 2008

2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance

Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)

Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677

2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536

2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132

Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810

Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060

Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)

Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077

Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007

LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

THOMAS J ROSS CPA C1P

MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)

Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838

PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM

February 27 2009

MAR ] LUu~l

In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention

CASH DISBURSEMENTS

While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed

At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement

We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter

Sincerely

Loftus Ross LLP

fkathw iJ p~ Heather D Patten CPA Principal

HDPmma

G IWP85731 NATL ELEVATORMGMT LTR DOC

LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

THOMAS J ROSS CPA C1P

PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA

GERALD J LOFTUS CPA (RETfRED) February 272009

Board of Directors National Elevator Industry Inc

We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit

Our Responsibility under US Generally Accepted Auditing Standards

As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities

Planned Scope and Timing of the Audit

We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters

Significant Audit Findings

Qualitative Aspects of Accounting Practices

Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred

Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because

Board of Directors February 27 2009 National Elevator Industry Inc Page 2

of the possibility that future events affecting them may differ significantly from those expected

Difficulties Encountered in Performing the Audit

We encountered no significant difficulties in dealing with management in performing and completing our audit

Corrected and Uncorrected Misstatements

Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

Disagreements with Management

For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

Management Representations

We have requested certain representations from management that are included in the management representation letter dated February 27 2009

Management Consultations with Other Independent Accountants

In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

Other Audit Findings or Issues

We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

Board of Directors February 272009 National Elevator Industry Inc Page 3

relationship and our responses were not a condition to our retention

This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

Very truly yours

~R~LlP Loftus Ross LLP

LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

NATIONAL ELEVATOR INDUSTRY INC

FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

Year Ended December 31 2008

TABLE OF CONTENTS

Independent Auditors Report

Page

1

Financial Statements

Statement of Financial Position 2

Statement of Activities 3

Statement of Functional Expenses 4

Statement of Cash Flows 5

Notes to Financial Statements 6-7

LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

TlfOlfAS] ROSS CPA CTP

MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

INDEPENDENT AUDITORS REPORT

Board of Directors National Elevator Industry Inc

We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

February 27 2009

LlYkh~~ )Jffo~ssLLP

NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

December 31 2008

ASSETS

CURRENT ASSETS Cash and Cash Equivalents shy

Unrestricted

Prepaid Insurance

$763138

2777

TOTAL CURRENT ASSETS $765915

FIXED ASSETS Equipment Accumulated Depreciation

TOTAL FIXED ASSETS

$313471 (139934 )

$173537

OTHER ASSETS Annuity Net of Amortization

TOTAL OTHER ASSETS

$11023

$11023

TOTAL ASSETS $950475

LIABILITIES AND NET ASSETS

CURRENT LIABILITIES Accounts Payable

TOTAL CURRENT LIABILITIES

$80056

$80056

NET ASSETS Unrestricted

TOTAL NET ASSETS

$870419

$8704 19

TOTAL LIABILITIES AND NET ASSETS $950475

See Notes to Financial Statements Page 2

NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

For the Year Ended December 31 2008

REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

TOTAL REVENUE

FUNCTIONAL EXPENSES Program Services Management and General

TOTAL FUNCTIONAL EXPENSES

DECREASE IN UNRESTRICTED NET ASSETS

NET ASSETS

Beginning of Year

End of Year

$1370500 12000 4252

15342 27500

$1429594

$849960 85235

$935195

$494399

376020

$8704 19

See Notes to Financial Statements Page 3

NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

For the Year Ended December 31 2008

FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

TOTAL FUNCTIONAL EXPENSES

Total

$106915 43014 30000 36000

943 7135

484 66557

110643 7844

16508 3750 1500 4267 1815 1591 4800

628 3015 1570

486216

$935195

Program Services

$106915 43014 30000

0 0 0 0

66557 110643

0 0 0 0 0

1815 0

4800 0 0 0

486216

$849960

Management and

General

$0 0 0

36000 943

7135 484

0 0

7844 16508 3750 1500 4267

0 1591

0 628

3015 1570

0

$85235

See Notes to Financial Statements Page 4

NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

For the Year Ended December 312008

CASH PROVIDED (USED) BY

OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

Amortization 484 Depreciation 66557

Prepaid Expenses 470 Accounts Payable 25731

NET OPERATING ACTIVITIES $587641

FINANCING ACTIVITIES Purchase of Equipment

NET FINANCING ACTIVITIES $(71810

INCREASE IN CASH AND CASH EQUIVALENTS $515831

CASH AND CASH EQUIVALENTS Beginning of Year 247307

End of Year $763138

SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

Interest Taxes

$0 o

DISCLOSURE OF ACCOUNTING POLICY

For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

See Notes to Financial Statements Page 5

NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

December 312008

(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

Page 6

NATIONAL ELEVATOR INDUSTRY INC NOTES

(A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

(8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

(C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

(D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

Page 7

National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

WWWNEIIORG bull E-Mail infoneiiorg

NEII ASSOCIATION HEADQUARTERS

1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

BOARD OF DIRECTORS MEETING April 7 2009

Code and Safety Consultantrsquos Report

1 Central Code Committee

11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

2006) Facilities Subject to the Fair Housing Act (FHA)

Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

bull Firefightersrsquo use and bull Occupant Evacuation

The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

2 Government Affairs Committee

NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

4 Performance Standards Committee

41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

5 Safety Committee

51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

6 Significant Code Developments

61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

66 Elevator Code Activities

Some significant revisions to the ASME A171CSA B44 Code under consideration include

bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

610 International Standards Committee

Current ISO Committee activities include

bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

Respectfully submitted

Brian Black Code and Safety Consultant to NEII

NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

Executive Summary

The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

General Information

bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

and slidesrdquo (see Addendum A)

o This is the most recent news the CPSC has issued on the subject

Incidents and Responses

bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

Because this seems to happen on several occasions per month it is difficult to come up with an estimate

of how many of these cases go undocumented

bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

blames the escalator industry and inattentive parents but argues that this could only be the case if the

same escalator had been involved in each incident

bull Several airports and other locations where these incidents are occurring are introducing new safety

measures in response to these types of incidents

o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

public service announcement that airs every five minutes

o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

moving stairways in the past several months

2

Lawsuits

bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

coverage since May 1 2008 These include but are not limited to

o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

bull The same attorney is handling all three aforementioned cases and has settled two other

cases with Crocs but refuses to comment on them

o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

Crocs on an escalator in Japan was permanently injured and is now suing the company

Crocsrsquo Response

bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

November of 2007

o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

the clogs and contended that the riding behavior and escalator design and maintenance

caused the accidentsrdquo (See Addendum D)

o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

whether this new design will be introduced in other countries as well or if the new shoes were a

direct result of authorities requirements in Japan (See Addendum E)

bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

safety awareness initiative release in its press release section dated July 22 2008

bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

aimed at elevator safety (Addendum F)

bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

investigations No mention or results from these investigations have been concluded andor released to

the public yet

bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

few months The company plans to have the educational hang tag fully implemented by the rollout of its

spring 2009 line (See Addendum G)

Please Note

For additional review purposes older articles and news clippings can be found at

httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

3

Addendum A

NEWS from CPSC

US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

Here are some steps you can take to prevent escalator injuries

bull Make sure shoes are tied before getting on an escalator

bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

bull Do not bring children onto escalators in strollers walkers or carts

bull Always face forward and hold the handrail

bull Avoid the sides of steps where entrapment can occur

bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

4

Addendum B

UPDATED 1029 pm August 01 2008

In 3 accidents soft shoes caught side of escalator

Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

-- Staff writer John Perry contributed to this article

6

Addendum C

A photo and description from a Straits Times Paper

7

Addendum D

Addendum E Addendum E

8

Crocs sandals go on sale after firm makes them safer

The Yomiuri Shimbun

The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

(Nov 2 2008)

9

Addendum F

10

Addendum G

Kids wearing croc sandals beware

Sat Oct 11 2008 The Straits Times

In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

Executive Summary

The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

General Information

bull While news media coverage has slowed an emerging trend has been an increase in coverage by

ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

bloggers link to past stories appealing to a smaller more focused audience

Incidents and Responses

bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

Inc for more than $75 million in damages

Lawsuits

bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

Crocsrsquo Response

bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

safety awareness initiative release in its press release section dated July 22 2008

bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

few months The company plans to have the educational hang tag fully implemented by the rollout of its

spring 2009 line (See Addendum E)

2

Please Note

For additional review purposes older articles and news clippings can be found at

httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

3

Addendum B

Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

4

Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

5

Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

6

Addendum E

Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

7

Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

8

992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

9

Addendum G

Croc Shoes News (blog)

Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

10

if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

11

Addendum H

MomLogic (blog) Should Crocs Be Banned

MONDAY MARCH 16 2009 filed under legal

A mom says shes suing Crocs to keep kids safe

Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

Hes not the only one

When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

Said Attorney Andrew M Laskin

Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

12

In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

Will this lawsuit stop you from buying Crocs for your kids

13

Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

14

Addendum J Good things in life(blog)

Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

15

Addendum K A blog entry that posted February 21 2009

Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

  • Agenda
  • Attachment 1
  • Attachment 2
  • Attachment 3
  • Attachment 4
  • Attachment 5

    Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 2 of 3

    f PBC Project ndash John Karnash and Andy Juhasz g NEII Code and Safety Consultant ndash Brian D Black

    h Elevator Escalator Safety Foundation ndash Robert Merlo

    EXECUTIVE SESSION 8 Reports a President b Treasurer ndash Steven D Patton

    bull Treasurer Report - Attachment 1 bull Loftus Ross LLP 2008 Audit ndash Attachment 2

    c Administrator ndash Edward A Donoghue d NEII Code and Safety Consultant ndash Brian D Black

    bull Semi-Annual Report Attachment 3 e Central Code Committee ndash Andy Juhasz

    f Government Affairs Committee ndash John Karnash g NEII Ad-Hoc Crocs Steering Committee ndash Dennis Mayer

    bull Objectives - Attachment 4 bull Media Analysis of Crocs-Related Escalator Issue - Attachment 5

    9 Old Business

    a WebTeleconference NEII Committee Meeting ndash Brian Black Louis Bialy and John Karnash

    10 New Business a 2009 EESF Contribution 11 Committee Appointments 12 Membership

    Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 3 of 3

    13 Meeting Schedule

    June 16 2009 100 PM EDT Teleconference Meeting

    September 23 2009 United in Orlando Gaylord Palms Orlando Florida

    NAEC Rate $18600 SingleDouble Telephone 4075862491 Addition information including hotel reservations httpwwwunitedconventioncomhotelshtml

    December 7 2009 100 PM EST Teleconference Meeting

    14 Adjournment Attachments 1 Treasurer Report 2 Audit 3 Code and Safety Report 4 Ad-Hoc Crocs Committee Objectives 5 Media Analysis Crocs Issue cmy documentswpdocsneii board of directors200904-07 agendadocx

    NATIONAL ELEVATOR INDUSTRY INCYTD February 2008

    2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance

    Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)

    Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677

    2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536

    2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132

    Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810

    Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060

    Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)

    Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077

    Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007

    LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

    THOMAS J ROSS CPA C1P

    MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)

    Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838

    PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM

    February 27 2009

    MAR ] LUu~l

    In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention

    CASH DISBURSEMENTS

    While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed

    At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement

    We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter

    Sincerely

    Loftus Ross LLP

    fkathw iJ p~ Heather D Patten CPA Principal

    HDPmma

    G IWP85731 NATL ELEVATORMGMT LTR DOC

    LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

    THOMAS J ROSS CPA C1P

    PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA

    GERALD J LOFTUS CPA (RETfRED) February 272009

    Board of Directors National Elevator Industry Inc

    We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit

    Our Responsibility under US Generally Accepted Auditing Standards

    As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities

    Planned Scope and Timing of the Audit

    We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters

    Significant Audit Findings

    Qualitative Aspects of Accounting Practices

    Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred

    Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because

    Board of Directors February 27 2009 National Elevator Industry Inc Page 2

    of the possibility that future events affecting them may differ significantly from those expected

    Difficulties Encountered in Performing the Audit

    We encountered no significant difficulties in dealing with management in performing and completing our audit

    Corrected and Uncorrected Misstatements

    Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

    Disagreements with Management

    For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

    Management Representations

    We have requested certain representations from management that are included in the management representation letter dated February 27 2009

    Management Consultations with Other Independent Accountants

    In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

    Other Audit Findings or Issues

    We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

    poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

    Board of Directors February 272009 National Elevator Industry Inc Page 3

    relationship and our responses were not a condition to our retention

    This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

    Very truly yours

    ~R~LlP Loftus Ross LLP

    LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

    NATIONAL ELEVATOR INDUSTRY INC

    FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

    Year Ended December 31 2008

    TABLE OF CONTENTS

    Independent Auditors Report

    Page

    1

    Financial Statements

    Statement of Financial Position 2

    Statement of Activities 3

    Statement of Functional Expenses 4

    Statement of Cash Flows 5

    Notes to Financial Statements 6-7

    LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

    TlfOlfAS] ROSS CPA CTP

    MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

    QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

    MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

    INDEPENDENT AUDITORS REPORT

    Board of Directors National Elevator Industry Inc

    We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

    We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

    In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

    February 27 2009

    LlYkh~~ )Jffo~ssLLP

    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

    December 31 2008

    ASSETS

    CURRENT ASSETS Cash and Cash Equivalents shy

    Unrestricted

    Prepaid Insurance

    $763138

    2777

    TOTAL CURRENT ASSETS $765915

    FIXED ASSETS Equipment Accumulated Depreciation

    TOTAL FIXED ASSETS

    $313471 (139934 )

    $173537

    OTHER ASSETS Annuity Net of Amortization

    TOTAL OTHER ASSETS

    $11023

    $11023

    TOTAL ASSETS $950475

    LIABILITIES AND NET ASSETS

    CURRENT LIABILITIES Accounts Payable

    TOTAL CURRENT LIABILITIES

    $80056

    $80056

    NET ASSETS Unrestricted

    TOTAL NET ASSETS

    $870419

    $8704 19

    TOTAL LIABILITIES AND NET ASSETS $950475

    See Notes to Financial Statements Page 2

    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

    For the Year Ended December 31 2008

    REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

    TOTAL REVENUE

    FUNCTIONAL EXPENSES Program Services Management and General

    TOTAL FUNCTIONAL EXPENSES

    DECREASE IN UNRESTRICTED NET ASSETS

    NET ASSETS

    Beginning of Year

    End of Year

    $1370500 12000 4252

    15342 27500

    $1429594

    $849960 85235

    $935195

    $494399

    376020

    $8704 19

    See Notes to Financial Statements Page 3

    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

    For the Year Ended December 31 2008

    FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

    TOTAL FUNCTIONAL EXPENSES

    Total

    $106915 43014 30000 36000

    943 7135

    484 66557

    110643 7844

    16508 3750 1500 4267 1815 1591 4800

    628 3015 1570

    486216

    $935195

    Program Services

    $106915 43014 30000

    0 0 0 0

    66557 110643

    0 0 0 0 0

    1815 0

    4800 0 0 0

    486216

    $849960

    Management and

    General

    $0 0 0

    36000 943

    7135 484

    0 0

    7844 16508 3750 1500 4267

    0 1591

    0 628

    3015 1570

    0

    $85235

    See Notes to Financial Statements Page 4

    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

    For the Year Ended December 312008

    CASH PROVIDED (USED) BY

    OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

    Amortization 484 Depreciation 66557

    Prepaid Expenses 470 Accounts Payable 25731

    NET OPERATING ACTIVITIES $587641

    FINANCING ACTIVITIES Purchase of Equipment

    NET FINANCING ACTIVITIES $(71810

    INCREASE IN CASH AND CASH EQUIVALENTS $515831

    CASH AND CASH EQUIVALENTS Beginning of Year 247307

    End of Year $763138

    SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

    Interest Taxes

    $0 o

    DISCLOSURE OF ACCOUNTING POLICY

    For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

    See Notes to Financial Statements Page 5

    NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

    December 312008

    (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

    BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

    PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

    Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

    REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

    RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

    The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

    Page 6

    NATIONAL ELEVATOR INDUSTRY INC NOTES

    (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

    ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

    USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

    (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

    (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

    (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

    Page 7

    National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

    WWWNEIIORG bull E-Mail infoneiiorg

    NEII ASSOCIATION HEADQUARTERS

    1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

    BOARD OF DIRECTORS MEETING April 7 2009

    Code and Safety Consultantrsquos Report

    1 Central Code Committee

    11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

    12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

    Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

    Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

    2006) Facilities Subject to the Fair Housing Act (FHA)

    Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

    General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

    US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

    Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

    Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

    The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

    The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

    13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

    15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

    bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

    The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

    17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

    18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

    bull Firefightersrsquo use and bull Occupant Evacuation

    The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

    Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

    Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

    111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

    developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

    The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

    113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

    114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

    115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

    bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

    2 Government Affairs Committee

    NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

    31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

    4 Performance Standards Committee

    41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

    5 Safety Committee

    51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

    bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

    52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

    53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

    54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

    6 Significant Code Developments

    61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

    64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

    66 Elevator Code Activities

    Some significant revisions to the ASME A171CSA B44 Code under consideration include

    bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

    68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

    610 International Standards Committee

    Current ISO Committee activities include

    bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

    standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

    611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

    612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

    613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

    Respectfully submitted

    Brian Black Code and Safety Consultant to NEII

    NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

    1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

    2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

    3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

    the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

    to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

    APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

    November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

    Executive Summary

    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

    escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

    2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

    General Information

    bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

    soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

    Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

    and slidesrdquo (see Addendum A)

    o This is the most recent news the CPSC has issued on the subject

    Incidents and Responses

    bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

    these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

    Because this seems to happen on several occasions per month it is difficult to come up with an estimate

    of how many of these cases go undocumented

    bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

    escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

    The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

    bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

    blames the escalator industry and inattentive parents but argues that this could only be the case if the

    same escalator had been involved in each incident

    bull Several airports and other locations where these incidents are occurring are introducing new safety

    measures in response to these types of incidents

    o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

    public service announcement that airs every five minutes

    o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

    moving stairways in the past several months

    2

    Lawsuits

    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

    coverage since May 1 2008 These include but are not limited to

    o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

    o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

    Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

    bull The same attorney is handling all three aforementioned cases and has settled two other

    cases with Crocs but refuses to comment on them

    o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

    Crocs on an escalator in Japan was permanently injured and is now suing the company

    Crocsrsquo Response

    bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

    after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

    November of 2007

    o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

    the clogs and contended that the riding behavior and escalator design and maintenance

    caused the accidentsrdquo (See Addendum D)

    o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

    requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

    whether this new design will be introduced in other countries as well or if the new shoes were a

    direct result of authorities requirements in Japan (See Addendum E)

    bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

    safety awareness initiative release in its press release section dated July 22 2008

    bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

    aimed at elevator safety (Addendum F)

    bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

    investigations No mention or results from these investigations have been concluded andor released to

    the public yet

    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

    few months The company plans to have the educational hang tag fully implemented by the rollout of its

    spring 2009 line (See Addendum G)

    Please Note

    For additional review purposes older articles and news clippings can be found at

    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

    many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

    hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

    3

    Addendum A

    NEWS from CPSC

    US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

    FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

    CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

    Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

    WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

    The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

    Here are some steps you can take to prevent escalator injuries

    bull Make sure shoes are tied before getting on an escalator

    bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

    bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

    bull Do not bring children onto escalators in strollers walkers or carts

    bull Always face forward and hold the handrail

    bull Avoid the sides of steps where entrapment can occur

    bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

    4

    Addendum B

    UPDATED 1029 pm August 01 2008

    In 3 accidents soft shoes caught side of escalator

    Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

    Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

    Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

    A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

    Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

    The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

    Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

    Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

    Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

    Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

    5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

    I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

    -- Staff writer John Perry contributed to this article

    6

    Addendum C

    A photo and description from a Straits Times Paper

    7

    Addendum D

    Addendum E Addendum E

    8

    Crocs sandals go on sale after firm makes them safer

    The Yomiuri Shimbun

    The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

    The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

    According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

    (Nov 2 2008)

    9

    Addendum F

    10

    Addendum G

    Kids wearing croc sandals beware

    Sat Oct 11 2008 The Straits Times

    In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

    By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

    Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

    March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

    Executive Summary

    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

    escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

    2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

    General Information

    bull While news media coverage has slowed an emerging trend has been an increase in coverage by

    ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

    bloggers link to past stories appealing to a smaller more focused audience

    Incidents and Responses

    bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

    National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

    Inc for more than $75 million in damages

    Lawsuits

    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

    coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

    o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

    Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

    his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

    Crocsrsquo Response

    bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

    safety awareness initiative release in its press release section dated July 22 2008

    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

    few months The company plans to have the educational hang tag fully implemented by the rollout of its

    spring 2009 line (See Addendum E)

    2

    Please Note

    For additional review purposes older articles and news clippings can be found at

    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

    many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

    Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

    Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

    3

    Addendum B

    Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

    4

    Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

    5

    Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

    6

    Addendum E

    Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

    7

    Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

    8

    992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

    9

    Addendum G

    Croc Shoes News (blog)

    Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

    Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

    10

    if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

    11

    Addendum H

    MomLogic (blog) Should Crocs Be Banned

    MONDAY MARCH 16 2009 filed under legal

    A mom says shes suing Crocs to keep kids safe

    Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

    Hes not the only one

    When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

    According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

    From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

    There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

    What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

    I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

    Said Attorney Andrew M Laskin

    Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

    12

    In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

    That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

    Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

    The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

    Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

    Will this lawsuit stop you from buying Crocs for your kids

    13

    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

    14

    Addendum J Good things in life(blog)

    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

    15

    Addendum K A blog entry that posted February 21 2009

    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

    • Agenda
    • Attachment 1
    • Attachment 2
    • Attachment 3
    • Attachment 4
    • Attachment 5

      Agenda ndash NEII Board of Directors Teleconference April 7 2009 Page 3 of 3

      13 Meeting Schedule

      June 16 2009 100 PM EDT Teleconference Meeting

      September 23 2009 United in Orlando Gaylord Palms Orlando Florida

      NAEC Rate $18600 SingleDouble Telephone 4075862491 Addition information including hotel reservations httpwwwunitedconventioncomhotelshtml

      December 7 2009 100 PM EST Teleconference Meeting

      14 Adjournment Attachments 1 Treasurer Report 2 Audit 3 Code and Safety Report 4 Ad-Hoc Crocs Committee Objectives 5 Media Analysis Crocs Issue cmy documentswpdocsneii board of directors200904-07 agendadocx

      NATIONAL ELEVATOR INDUSTRY INCYTD February 2008

      2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance

      Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)

      Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677

      2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536

      2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132

      Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810

      Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060

      Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)

      Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077

      Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007

      LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

      THOMAS J ROSS CPA C1P

      MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)

      Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838

      PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM

      February 27 2009

      MAR ] LUu~l

      In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention

      CASH DISBURSEMENTS

      While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed

      At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement

      We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter

      Sincerely

      Loftus Ross LLP

      fkathw iJ p~ Heather D Patten CPA Principal

      HDPmma

      G IWP85731 NATL ELEVATORMGMT LTR DOC

      LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

      THOMAS J ROSS CPA C1P

      PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA

      GERALD J LOFTUS CPA (RETfRED) February 272009

      Board of Directors National Elevator Industry Inc

      We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit

      Our Responsibility under US Generally Accepted Auditing Standards

      As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities

      Planned Scope and Timing of the Audit

      We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters

      Significant Audit Findings

      Qualitative Aspects of Accounting Practices

      Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred

      Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because

      Board of Directors February 27 2009 National Elevator Industry Inc Page 2

      of the possibility that future events affecting them may differ significantly from those expected

      Difficulties Encountered in Performing the Audit

      We encountered no significant difficulties in dealing with management in performing and completing our audit

      Corrected and Uncorrected Misstatements

      Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

      Disagreements with Management

      For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

      Management Representations

      We have requested certain representations from management that are included in the management representation letter dated February 27 2009

      Management Consultations with Other Independent Accountants

      In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

      Other Audit Findings or Issues

      We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

      poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

      Board of Directors February 272009 National Elevator Industry Inc Page 3

      relationship and our responses were not a condition to our retention

      This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

      Very truly yours

      ~R~LlP Loftus Ross LLP

      LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

      NATIONAL ELEVATOR INDUSTRY INC

      FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

      Year Ended December 31 2008

      TABLE OF CONTENTS

      Independent Auditors Report

      Page

      1

      Financial Statements

      Statement of Financial Position 2

      Statement of Activities 3

      Statement of Functional Expenses 4

      Statement of Cash Flows 5

      Notes to Financial Statements 6-7

      LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

      TlfOlfAS] ROSS CPA CTP

      MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

      QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

      MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

      INDEPENDENT AUDITORS REPORT

      Board of Directors National Elevator Industry Inc

      We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

      We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

      In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

      February 27 2009

      LlYkh~~ )Jffo~ssLLP

      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

      December 31 2008

      ASSETS

      CURRENT ASSETS Cash and Cash Equivalents shy

      Unrestricted

      Prepaid Insurance

      $763138

      2777

      TOTAL CURRENT ASSETS $765915

      FIXED ASSETS Equipment Accumulated Depreciation

      TOTAL FIXED ASSETS

      $313471 (139934 )

      $173537

      OTHER ASSETS Annuity Net of Amortization

      TOTAL OTHER ASSETS

      $11023

      $11023

      TOTAL ASSETS $950475

      LIABILITIES AND NET ASSETS

      CURRENT LIABILITIES Accounts Payable

      TOTAL CURRENT LIABILITIES

      $80056

      $80056

      NET ASSETS Unrestricted

      TOTAL NET ASSETS

      $870419

      $8704 19

      TOTAL LIABILITIES AND NET ASSETS $950475

      See Notes to Financial Statements Page 2

      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

      For the Year Ended December 31 2008

      REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

      TOTAL REVENUE

      FUNCTIONAL EXPENSES Program Services Management and General

      TOTAL FUNCTIONAL EXPENSES

      DECREASE IN UNRESTRICTED NET ASSETS

      NET ASSETS

      Beginning of Year

      End of Year

      $1370500 12000 4252

      15342 27500

      $1429594

      $849960 85235

      $935195

      $494399

      376020

      $8704 19

      See Notes to Financial Statements Page 3

      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

      For the Year Ended December 31 2008

      FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

      TOTAL FUNCTIONAL EXPENSES

      Total

      $106915 43014 30000 36000

      943 7135

      484 66557

      110643 7844

      16508 3750 1500 4267 1815 1591 4800

      628 3015 1570

      486216

      $935195

      Program Services

      $106915 43014 30000

      0 0 0 0

      66557 110643

      0 0 0 0 0

      1815 0

      4800 0 0 0

      486216

      $849960

      Management and

      General

      $0 0 0

      36000 943

      7135 484

      0 0

      7844 16508 3750 1500 4267

      0 1591

      0 628

      3015 1570

      0

      $85235

      See Notes to Financial Statements Page 4

      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

      For the Year Ended December 312008

      CASH PROVIDED (USED) BY

      OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

      Amortization 484 Depreciation 66557

      Prepaid Expenses 470 Accounts Payable 25731

      NET OPERATING ACTIVITIES $587641

      FINANCING ACTIVITIES Purchase of Equipment

      NET FINANCING ACTIVITIES $(71810

      INCREASE IN CASH AND CASH EQUIVALENTS $515831

      CASH AND CASH EQUIVALENTS Beginning of Year 247307

      End of Year $763138

      SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

      Interest Taxes

      $0 o

      DISCLOSURE OF ACCOUNTING POLICY

      For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

      See Notes to Financial Statements Page 5

      NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

      December 312008

      (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

      BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

      PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

      Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

      REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

      RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

      The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

      Page 6

      NATIONAL ELEVATOR INDUSTRY INC NOTES

      (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

      ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

      USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

      (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

      (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

      (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

      Page 7

      National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

      WWWNEIIORG bull E-Mail infoneiiorg

      NEII ASSOCIATION HEADQUARTERS

      1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

      BOARD OF DIRECTORS MEETING April 7 2009

      Code and Safety Consultantrsquos Report

      1 Central Code Committee

      11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

      12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

      Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

      Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

      2006) Facilities Subject to the Fair Housing Act (FHA)

      Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

      General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

      US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

      Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

      Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

      The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

      The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

      13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

      15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

      bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

      The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

      17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

      18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

      bull Firefightersrsquo use and bull Occupant Evacuation

      The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

      Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

      Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

      111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

      developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

      The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

      113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

      114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

      115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

      bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

      2 Government Affairs Committee

      NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

      31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

      4 Performance Standards Committee

      41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

      5 Safety Committee

      51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

      bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

      52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

      53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

      54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

      6 Significant Code Developments

      61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

      64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

      66 Elevator Code Activities

      Some significant revisions to the ASME A171CSA B44 Code under consideration include

      bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

      68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

      610 International Standards Committee

      Current ISO Committee activities include

      bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

      standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

      611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

      612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

      613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

      Respectfully submitted

      Brian Black Code and Safety Consultant to NEII

      NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

      1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

      2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

      3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

      the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

      to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

      APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

      November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

      Executive Summary

      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

      escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

      2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

      General Information

      bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

      soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

      Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

      and slidesrdquo (see Addendum A)

      o This is the most recent news the CPSC has issued on the subject

      Incidents and Responses

      bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

      these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

      Because this seems to happen on several occasions per month it is difficult to come up with an estimate

      of how many of these cases go undocumented

      bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

      escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

      The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

      bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

      blames the escalator industry and inattentive parents but argues that this could only be the case if the

      same escalator had been involved in each incident

      bull Several airports and other locations where these incidents are occurring are introducing new safety

      measures in response to these types of incidents

      o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

      public service announcement that airs every five minutes

      o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

      moving stairways in the past several months

      2

      Lawsuits

      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

      coverage since May 1 2008 These include but are not limited to

      o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

      o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

      Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

      bull The same attorney is handling all three aforementioned cases and has settled two other

      cases with Crocs but refuses to comment on them

      o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

      Crocs on an escalator in Japan was permanently injured and is now suing the company

      Crocsrsquo Response

      bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

      after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

      November of 2007

      o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

      the clogs and contended that the riding behavior and escalator design and maintenance

      caused the accidentsrdquo (See Addendum D)

      o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

      requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

      whether this new design will be introduced in other countries as well or if the new shoes were a

      direct result of authorities requirements in Japan (See Addendum E)

      bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

      safety awareness initiative release in its press release section dated July 22 2008

      bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

      aimed at elevator safety (Addendum F)

      bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

      investigations No mention or results from these investigations have been concluded andor released to

      the public yet

      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

      few months The company plans to have the educational hang tag fully implemented by the rollout of its

      spring 2009 line (See Addendum G)

      Please Note

      For additional review purposes older articles and news clippings can be found at

      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

      many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

      hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

      3

      Addendum A

      NEWS from CPSC

      US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

      FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

      CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

      Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

      WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

      The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

      Here are some steps you can take to prevent escalator injuries

      bull Make sure shoes are tied before getting on an escalator

      bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

      bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

      bull Do not bring children onto escalators in strollers walkers or carts

      bull Always face forward and hold the handrail

      bull Avoid the sides of steps where entrapment can occur

      bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

      4

      Addendum B

      UPDATED 1029 pm August 01 2008

      In 3 accidents soft shoes caught side of escalator

      Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

      Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

      Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

      A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

      Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

      The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

      Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

      Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

      Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

      Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

      5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

      I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

      -- Staff writer John Perry contributed to this article

      6

      Addendum C

      A photo and description from a Straits Times Paper

      7

      Addendum D

      Addendum E Addendum E

      8

      Crocs sandals go on sale after firm makes them safer

      The Yomiuri Shimbun

      The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

      The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

      According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

      (Nov 2 2008)

      9

      Addendum F

      10

      Addendum G

      Kids wearing croc sandals beware

      Sat Oct 11 2008 The Straits Times

      In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

      By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

      Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

      March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

      Executive Summary

      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

      escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

      2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

      General Information

      bull While news media coverage has slowed an emerging trend has been an increase in coverage by

      ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

      bloggers link to past stories appealing to a smaller more focused audience

      Incidents and Responses

      bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

      National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

      Inc for more than $75 million in damages

      Lawsuits

      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

      coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

      o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

      Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

      his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

      Crocsrsquo Response

      bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

      safety awareness initiative release in its press release section dated July 22 2008

      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

      few months The company plans to have the educational hang tag fully implemented by the rollout of its

      spring 2009 line (See Addendum E)

      2

      Please Note

      For additional review purposes older articles and news clippings can be found at

      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

      many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

      Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

      Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

      3

      Addendum B

      Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

      4

      Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

      5

      Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

      6

      Addendum E

      Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

      7

      Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

      8

      992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

      9

      Addendum G

      Croc Shoes News (blog)

      Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

      Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

      10

      if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

      11

      Addendum H

      MomLogic (blog) Should Crocs Be Banned

      MONDAY MARCH 16 2009 filed under legal

      A mom says shes suing Crocs to keep kids safe

      Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

      Hes not the only one

      When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

      According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

      From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

      There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

      What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

      I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

      Said Attorney Andrew M Laskin

      Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

      12

      In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

      That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

      Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

      The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

      Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

      Will this lawsuit stop you from buying Crocs for your kids

      13

      Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

      As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

      14

      Addendum J Good things in life(blog)

      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

      15

      Addendum K A blog entry that posted February 21 2009

      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

      • Agenda
      • Attachment 1
      • Attachment 2
      • Attachment 3
      • Attachment 4
      • Attachment 5

        NATIONAL ELEVATOR INDUSTRY INCYTD February 2008

        2009 YTD Plan Plan Jan Feb Mar Q1 Q2 Q3 Q4 Actual Variance

        Ordinary Income3010 middot Members Dues 556500 556000 - - - - 0 0 556000 (500) 3020 middot Other Income 4250 - - - - - 0 0 0 (4250) 3030 middot Code Finder - - - - - 0 0 0 - Total Income 560750 556000 - - - - 0 0 556000 (4750)

        Expense1000 middot Administrative1010 middot Administrative Services 36000 - 3000 - - 0 0 3000 33000 1020 middot AccountingAuditing 4000 - - - 0 0 0 4000 1030 middot Insurance 9000 - - - 0 0 0 9000 1040 middot Professional Fees 50000 1065 2405 - - 0 0 3470 46530 1050 middot Office Expense 1000 - 324 - - 0 0 324 676 1110 middot Supplemental Pension 4267 356 356 - - 0 0 711 3556 1120 middot Postage amp Delivery 2200 - 142 - - 0 0 142 2058 1130 middot Telephone 7000 77 764 - - 0 0 842 6158 1140 middot Stationery Printing amp Supplies 7000 - 263 - - 0 0 263 6737 1150 middot Depreciation amp Amortization - - - - - 0 0 0 - 1170 middot Bank Charges 3000 - - - - 0 0 0 3000 1180 - Misc Administrative Expenses - - 38 - - 0 0 38 (38) 1190 middot Contingency 50000 - - - - 0 0 0 50000 Total 1000 middot Administrative 173467 1498 7292 - - - 0 0 8790 164677

        2000 middot Operating2010 middot Advertising amp Public Relations 91000 - - - - 0 0 0 91000 2020 middot Code 47500 - 4964 - - 0 0 4964 42536 Total 2030 middot Committee 138500 - 4964 - - - - - 4964 133536

        2040 middot Consultant - Codes 106000 - 11502 - - 0 0 11502 94498 2050 middot Dues amp Subscriptions 3500 - - - - 0 0 0 3500 2060 middot EESF 30000 - - - 0 0 0 30000 2070 middot Legal 25000 - - - 0 0 0 25000 2080 middot GAC Services 700000 51750 12152 - - 0 0 63902 636098 2090 middot Meetings 8500 - - - 0 0 0 8500 2100 middot Travel 3000 - - 0 0 0 3000 Total 2000 middot Operating 1014500 51750 28618 - - - 0 0 80368 934132

        Total Expense 1187967 53248 35910 - - - 0 0 89157 1098810

        Net Ordinary Income (627217) 502752 (35910) - - 0 0 466843 1094060

        Other Income(Expense)3025 middot Labor Document Database - - 3040 middot Interest Income 10000 124 153 - - 0 0 277 (9723) 3050 middot Annuity Income 4260 - - - 0 0 0 (4260) Net Other Income(Expense) 14260 124 153 - - - 0 0 277 (13983)

        Net Income (612957) 502876 (35756) - - - 0 0 467120 1080077

        Trust Committee3015 middot Trust Members Dues 12000 12000 - - - - 0 0 12000 - 2045 middot Consultant - Trust 2000 - 400 - - 0 0 400 1600 1015 middot Trust Administration 3500 - 93 - - 0 0 93 3407 Trust Net Income 6500 12000 (493) - - - 0 0 11507 5007

        LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

        THOMAS J ROSS CPA C1P

        MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)

        Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838

        PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM

        February 27 2009

        MAR ] LUu~l

        In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention

        CASH DISBURSEMENTS

        While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed

        At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement

        We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter

        Sincerely

        Loftus Ross LLP

        fkathw iJ p~ Heather D Patten CPA Principal

        HDPmma

        G IWP85731 NATL ELEVATORMGMT LTR DOC

        LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

        THOMAS J ROSS CPA C1P

        PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA

        GERALD J LOFTUS CPA (RETfRED) February 272009

        Board of Directors National Elevator Industry Inc

        We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit

        Our Responsibility under US Generally Accepted Auditing Standards

        As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities

        Planned Scope and Timing of the Audit

        We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters

        Significant Audit Findings

        Qualitative Aspects of Accounting Practices

        Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred

        Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because

        Board of Directors February 27 2009 National Elevator Industry Inc Page 2

        of the possibility that future events affecting them may differ significantly from those expected

        Difficulties Encountered in Performing the Audit

        We encountered no significant difficulties in dealing with management in performing and completing our audit

        Corrected and Uncorrected Misstatements

        Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

        Disagreements with Management

        For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

        Management Representations

        We have requested certain representations from management that are included in the management representation letter dated February 27 2009

        Management Consultations with Other Independent Accountants

        In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

        Other Audit Findings or Issues

        We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

        poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

        Board of Directors February 272009 National Elevator Industry Inc Page 3

        relationship and our responses were not a condition to our retention

        This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

        Very truly yours

        ~R~LlP Loftus Ross LLP

        LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

        NATIONAL ELEVATOR INDUSTRY INC

        FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

        Year Ended December 31 2008

        TABLE OF CONTENTS

        Independent Auditors Report

        Page

        1

        Financial Statements

        Statement of Financial Position 2

        Statement of Activities 3

        Statement of Functional Expenses 4

        Statement of Cash Flows 5

        Notes to Financial Statements 6-7

        LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

        TlfOlfAS] ROSS CPA CTP

        MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

        QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

        MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

        INDEPENDENT AUDITORS REPORT

        Board of Directors National Elevator Industry Inc

        We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

        We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

        In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

        February 27 2009

        LlYkh~~ )Jffo~ssLLP

        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

        December 31 2008

        ASSETS

        CURRENT ASSETS Cash and Cash Equivalents shy

        Unrestricted

        Prepaid Insurance

        $763138

        2777

        TOTAL CURRENT ASSETS $765915

        FIXED ASSETS Equipment Accumulated Depreciation

        TOTAL FIXED ASSETS

        $313471 (139934 )

        $173537

        OTHER ASSETS Annuity Net of Amortization

        TOTAL OTHER ASSETS

        $11023

        $11023

        TOTAL ASSETS $950475

        LIABILITIES AND NET ASSETS

        CURRENT LIABILITIES Accounts Payable

        TOTAL CURRENT LIABILITIES

        $80056

        $80056

        NET ASSETS Unrestricted

        TOTAL NET ASSETS

        $870419

        $8704 19

        TOTAL LIABILITIES AND NET ASSETS $950475

        See Notes to Financial Statements Page 2

        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

        For the Year Ended December 31 2008

        REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

        TOTAL REVENUE

        FUNCTIONAL EXPENSES Program Services Management and General

        TOTAL FUNCTIONAL EXPENSES

        DECREASE IN UNRESTRICTED NET ASSETS

        NET ASSETS

        Beginning of Year

        End of Year

        $1370500 12000 4252

        15342 27500

        $1429594

        $849960 85235

        $935195

        $494399

        376020

        $8704 19

        See Notes to Financial Statements Page 3

        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

        For the Year Ended December 31 2008

        FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

        TOTAL FUNCTIONAL EXPENSES

        Total

        $106915 43014 30000 36000

        943 7135

        484 66557

        110643 7844

        16508 3750 1500 4267 1815 1591 4800

        628 3015 1570

        486216

        $935195

        Program Services

        $106915 43014 30000

        0 0 0 0

        66557 110643

        0 0 0 0 0

        1815 0

        4800 0 0 0

        486216

        $849960

        Management and

        General

        $0 0 0

        36000 943

        7135 484

        0 0

        7844 16508 3750 1500 4267

        0 1591

        0 628

        3015 1570

        0

        $85235

        See Notes to Financial Statements Page 4

        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

        For the Year Ended December 312008

        CASH PROVIDED (USED) BY

        OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

        Amortization 484 Depreciation 66557

        Prepaid Expenses 470 Accounts Payable 25731

        NET OPERATING ACTIVITIES $587641

        FINANCING ACTIVITIES Purchase of Equipment

        NET FINANCING ACTIVITIES $(71810

        INCREASE IN CASH AND CASH EQUIVALENTS $515831

        CASH AND CASH EQUIVALENTS Beginning of Year 247307

        End of Year $763138

        SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

        Interest Taxes

        $0 o

        DISCLOSURE OF ACCOUNTING POLICY

        For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

        See Notes to Financial Statements Page 5

        NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

        December 312008

        (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

        BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

        PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

        Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

        REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

        RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

        The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

        Page 6

        NATIONAL ELEVATOR INDUSTRY INC NOTES

        (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

        ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

        USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

        (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

        (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

        (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

        Page 7

        National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

        WWWNEIIORG bull E-Mail infoneiiorg

        NEII ASSOCIATION HEADQUARTERS

        1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

        BOARD OF DIRECTORS MEETING April 7 2009

        Code and Safety Consultantrsquos Report

        1 Central Code Committee

        11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

        12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

        Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

        Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

        2006) Facilities Subject to the Fair Housing Act (FHA)

        Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

        General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

        US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

        Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

        Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

        The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

        The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

        13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

        15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

        bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

        The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

        17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

        18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

        bull Firefightersrsquo use and bull Occupant Evacuation

        The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

        Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

        Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

        111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

        developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

        The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

        113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

        114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

        115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

        bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

        2 Government Affairs Committee

        NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

        31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

        4 Performance Standards Committee

        41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

        5 Safety Committee

        51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

        bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

        52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

        53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

        54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

        6 Significant Code Developments

        61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

        64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

        66 Elevator Code Activities

        Some significant revisions to the ASME A171CSA B44 Code under consideration include

        bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

        68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

        610 International Standards Committee

        Current ISO Committee activities include

        bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

        standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

        611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

        612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

        613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

        Respectfully submitted

        Brian Black Code and Safety Consultant to NEII

        NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

        1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

        2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

        3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

        the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

        to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

        APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

        November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

        Executive Summary

        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

        escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

        2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

        General Information

        bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

        soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

        Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

        and slidesrdquo (see Addendum A)

        o This is the most recent news the CPSC has issued on the subject

        Incidents and Responses

        bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

        these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

        Because this seems to happen on several occasions per month it is difficult to come up with an estimate

        of how many of these cases go undocumented

        bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

        escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

        The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

        bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

        blames the escalator industry and inattentive parents but argues that this could only be the case if the

        same escalator had been involved in each incident

        bull Several airports and other locations where these incidents are occurring are introducing new safety

        measures in response to these types of incidents

        o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

        public service announcement that airs every five minutes

        o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

        moving stairways in the past several months

        2

        Lawsuits

        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

        coverage since May 1 2008 These include but are not limited to

        o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

        o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

        Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

        bull The same attorney is handling all three aforementioned cases and has settled two other

        cases with Crocs but refuses to comment on them

        o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

        Crocs on an escalator in Japan was permanently injured and is now suing the company

        Crocsrsquo Response

        bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

        after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

        November of 2007

        o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

        the clogs and contended that the riding behavior and escalator design and maintenance

        caused the accidentsrdquo (See Addendum D)

        o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

        requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

        whether this new design will be introduced in other countries as well or if the new shoes were a

        direct result of authorities requirements in Japan (See Addendum E)

        bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

        safety awareness initiative release in its press release section dated July 22 2008

        bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

        aimed at elevator safety (Addendum F)

        bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

        investigations No mention or results from these investigations have been concluded andor released to

        the public yet

        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

        few months The company plans to have the educational hang tag fully implemented by the rollout of its

        spring 2009 line (See Addendum G)

        Please Note

        For additional review purposes older articles and news clippings can be found at

        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

        many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

        hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

        3

        Addendum A

        NEWS from CPSC

        US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

        FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

        CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

        Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

        WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

        The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

        Here are some steps you can take to prevent escalator injuries

        bull Make sure shoes are tied before getting on an escalator

        bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

        bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

        bull Do not bring children onto escalators in strollers walkers or carts

        bull Always face forward and hold the handrail

        bull Avoid the sides of steps where entrapment can occur

        bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

        4

        Addendum B

        UPDATED 1029 pm August 01 2008

        In 3 accidents soft shoes caught side of escalator

        Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

        Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

        Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

        A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

        Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

        The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

        Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

        Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

        Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

        Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

        5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

        I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

        -- Staff writer John Perry contributed to this article

        6

        Addendum C

        A photo and description from a Straits Times Paper

        7

        Addendum D

        Addendum E Addendum E

        8

        Crocs sandals go on sale after firm makes them safer

        The Yomiuri Shimbun

        The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

        The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

        According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

        (Nov 2 2008)

        9

        Addendum F

        10

        Addendum G

        Kids wearing croc sandals beware

        Sat Oct 11 2008 The Straits Times

        In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

        By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

        Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

        March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

        Executive Summary

        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

        escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

        2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

        General Information

        bull While news media coverage has slowed an emerging trend has been an increase in coverage by

        ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

        bloggers link to past stories appealing to a smaller more focused audience

        Incidents and Responses

        bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

        National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

        Inc for more than $75 million in damages

        Lawsuits

        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

        coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

        o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

        Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

        his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

        Crocsrsquo Response

        bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

        safety awareness initiative release in its press release section dated July 22 2008

        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

        few months The company plans to have the educational hang tag fully implemented by the rollout of its

        spring 2009 line (See Addendum E)

        2

        Please Note

        For additional review purposes older articles and news clippings can be found at

        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

        many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

        Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

        Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

        3

        Addendum B

        Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

        4

        Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

        5

        Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

        6

        Addendum E

        Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

        7

        Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

        8

        992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

        9

        Addendum G

        Croc Shoes News (blog)

        Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

        Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

        10

        if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

        11

        Addendum H

        MomLogic (blog) Should Crocs Be Banned

        MONDAY MARCH 16 2009 filed under legal

        A mom says shes suing Crocs to keep kids safe

        Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

        Hes not the only one

        When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

        According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

        From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

        There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

        What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

        I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

        Said Attorney Andrew M Laskin

        Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

        12

        In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

        That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

        Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

        The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

        Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

        Will this lawsuit stop you from buying Crocs for your kids

        13

        Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

        As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

        14

        Addendum J Good things in life(blog)

        Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

        httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

        15

        Addendum K A blog entry that posted February 21 2009

        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

        • Agenda
        • Attachment 1
        • Attachment 2
        • Attachment 3
        • Attachment 4
        • Attachment 5

          LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

          THOMAS J ROSS CPA C1P

          MEGAN M ALEXANDER CPA SCOTT R HARTUNG CPA HEATHER D PATTEN CPA LEO A RIGBY CPA CISA MARY A SCELLEN EA GERALD J LOFTUS CPA (RETffiED)

          Board of Directors National Elevator Industry Inc 1677 County Route 64 PO Box 838 Salem NY 12865-0838

          PO BOX 4750 111 EVERTS A VENUE QUEENSBURY NY 12804 PH (518) 792-6595 FAX (518) 792-6635 EMAIL LROSSLOFTUSROSSCOM

          February 27 2009

          MAR ] LUu~l

          In conjunction with our engagement to audit the financial statements of National Elevator Industry Inc as of and for the year ended December 312008 we came across the following matter which we would like to bring to your attention

          CASH DISBURSEMENTS

          While testing cash disbursements we noted one instance where a check (1948 payable to Stateside Associates in the amount of $3255158) had only one signature Since it is the policy of National Elevator Industry Inc to have two signatures on all checks we recommend that management ensures that this policy is followed when all checks are signed

          At this time we would like to thank Edward Donoghue for the courtesies extended to us during our engagement

          We would be pleased to meet with you at your earliest convenience to review any questions you may have concerning this letter

          Sincerely

          Loftus Ross LLP

          fkathw iJ p~ Heather D Patten CPA Principal

          HDPmma

          G IWP85731 NATL ELEVATORMGMT LTR DOC

          LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

          THOMAS J ROSS CPA C1P

          PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA

          GERALD J LOFTUS CPA (RETfRED) February 272009

          Board of Directors National Elevator Industry Inc

          We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit

          Our Responsibility under US Generally Accepted Auditing Standards

          As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities

          Planned Scope and Timing of the Audit

          We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters

          Significant Audit Findings

          Qualitative Aspects of Accounting Practices

          Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred

          Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because

          Board of Directors February 27 2009 National Elevator Industry Inc Page 2

          of the possibility that future events affecting them may differ significantly from those expected

          Difficulties Encountered in Performing the Audit

          We encountered no significant difficulties in dealing with management in performing and completing our audit

          Corrected and Uncorrected Misstatements

          Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

          Disagreements with Management

          For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

          Management Representations

          We have requested certain representations from management that are included in the management representation letter dated February 27 2009

          Management Consultations with Other Independent Accountants

          In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

          Other Audit Findings or Issues

          We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

          poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

          Board of Directors February 272009 National Elevator Industry Inc Page 3

          relationship and our responses were not a condition to our retention

          This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

          Very truly yours

          ~R~LlP Loftus Ross LLP

          LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

          NATIONAL ELEVATOR INDUSTRY INC

          FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

          Year Ended December 31 2008

          TABLE OF CONTENTS

          Independent Auditors Report

          Page

          1

          Financial Statements

          Statement of Financial Position 2

          Statement of Activities 3

          Statement of Functional Expenses 4

          Statement of Cash Flows 5

          Notes to Financial Statements 6-7

          LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

          TlfOlfAS] ROSS CPA CTP

          MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

          QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

          MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

          INDEPENDENT AUDITORS REPORT

          Board of Directors National Elevator Industry Inc

          We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

          We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

          In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

          February 27 2009

          LlYkh~~ )Jffo~ssLLP

          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

          December 31 2008

          ASSETS

          CURRENT ASSETS Cash and Cash Equivalents shy

          Unrestricted

          Prepaid Insurance

          $763138

          2777

          TOTAL CURRENT ASSETS $765915

          FIXED ASSETS Equipment Accumulated Depreciation

          TOTAL FIXED ASSETS

          $313471 (139934 )

          $173537

          OTHER ASSETS Annuity Net of Amortization

          TOTAL OTHER ASSETS

          $11023

          $11023

          TOTAL ASSETS $950475

          LIABILITIES AND NET ASSETS

          CURRENT LIABILITIES Accounts Payable

          TOTAL CURRENT LIABILITIES

          $80056

          $80056

          NET ASSETS Unrestricted

          TOTAL NET ASSETS

          $870419

          $8704 19

          TOTAL LIABILITIES AND NET ASSETS $950475

          See Notes to Financial Statements Page 2

          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

          For the Year Ended December 31 2008

          REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

          TOTAL REVENUE

          FUNCTIONAL EXPENSES Program Services Management and General

          TOTAL FUNCTIONAL EXPENSES

          DECREASE IN UNRESTRICTED NET ASSETS

          NET ASSETS

          Beginning of Year

          End of Year

          $1370500 12000 4252

          15342 27500

          $1429594

          $849960 85235

          $935195

          $494399

          376020

          $8704 19

          See Notes to Financial Statements Page 3

          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

          For the Year Ended December 31 2008

          FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

          TOTAL FUNCTIONAL EXPENSES

          Total

          $106915 43014 30000 36000

          943 7135

          484 66557

          110643 7844

          16508 3750 1500 4267 1815 1591 4800

          628 3015 1570

          486216

          $935195

          Program Services

          $106915 43014 30000

          0 0 0 0

          66557 110643

          0 0 0 0 0

          1815 0

          4800 0 0 0

          486216

          $849960

          Management and

          General

          $0 0 0

          36000 943

          7135 484

          0 0

          7844 16508 3750 1500 4267

          0 1591

          0 628

          3015 1570

          0

          $85235

          See Notes to Financial Statements Page 4

          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

          For the Year Ended December 312008

          CASH PROVIDED (USED) BY

          OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

          Amortization 484 Depreciation 66557

          Prepaid Expenses 470 Accounts Payable 25731

          NET OPERATING ACTIVITIES $587641

          FINANCING ACTIVITIES Purchase of Equipment

          NET FINANCING ACTIVITIES $(71810

          INCREASE IN CASH AND CASH EQUIVALENTS $515831

          CASH AND CASH EQUIVALENTS Beginning of Year 247307

          End of Year $763138

          SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

          Interest Taxes

          $0 o

          DISCLOSURE OF ACCOUNTING POLICY

          For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

          See Notes to Financial Statements Page 5

          NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

          December 312008

          (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

          BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

          PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

          Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

          REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

          RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

          The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

          Page 6

          NATIONAL ELEVATOR INDUSTRY INC NOTES

          (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

          ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

          USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

          (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

          (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

          (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

          Page 7

          National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

          WWWNEIIORG bull E-Mail infoneiiorg

          NEII ASSOCIATION HEADQUARTERS

          1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

          BOARD OF DIRECTORS MEETING April 7 2009

          Code and Safety Consultantrsquos Report

          1 Central Code Committee

          11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

          12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

          Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

          Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

          2006) Facilities Subject to the Fair Housing Act (FHA)

          Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

          General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

          US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

          Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

          Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

          The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

          The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

          13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

          15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

          bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

          The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

          17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

          18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

          bull Firefightersrsquo use and bull Occupant Evacuation

          The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

          Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

          Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

          111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

          developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

          The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

          113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

          114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

          115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

          bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

          2 Government Affairs Committee

          NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

          31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

          4 Performance Standards Committee

          41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

          5 Safety Committee

          51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

          bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

          52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

          53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

          54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

          6 Significant Code Developments

          61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

          64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

          66 Elevator Code Activities

          Some significant revisions to the ASME A171CSA B44 Code under consideration include

          bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

          68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

          610 International Standards Committee

          Current ISO Committee activities include

          bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

          standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

          611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

          612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

          613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

          Respectfully submitted

          Brian Black Code and Safety Consultant to NEII

          NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

          1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

          2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

          3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

          the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

          to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

          APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

          November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

          Executive Summary

          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

          escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

          2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

          General Information

          bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

          soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

          Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

          and slidesrdquo (see Addendum A)

          o This is the most recent news the CPSC has issued on the subject

          Incidents and Responses

          bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

          these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

          Because this seems to happen on several occasions per month it is difficult to come up with an estimate

          of how many of these cases go undocumented

          bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

          escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

          The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

          bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

          blames the escalator industry and inattentive parents but argues that this could only be the case if the

          same escalator had been involved in each incident

          bull Several airports and other locations where these incidents are occurring are introducing new safety

          measures in response to these types of incidents

          o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

          public service announcement that airs every five minutes

          o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

          moving stairways in the past several months

          2

          Lawsuits

          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

          coverage since May 1 2008 These include but are not limited to

          o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

          o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

          Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

          bull The same attorney is handling all three aforementioned cases and has settled two other

          cases with Crocs but refuses to comment on them

          o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

          Crocs on an escalator in Japan was permanently injured and is now suing the company

          Crocsrsquo Response

          bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

          after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

          November of 2007

          o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

          the clogs and contended that the riding behavior and escalator design and maintenance

          caused the accidentsrdquo (See Addendum D)

          o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

          requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

          whether this new design will be introduced in other countries as well or if the new shoes were a

          direct result of authorities requirements in Japan (See Addendum E)

          bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

          safety awareness initiative release in its press release section dated July 22 2008

          bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

          aimed at elevator safety (Addendum F)

          bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

          investigations No mention or results from these investigations have been concluded andor released to

          the public yet

          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

          few months The company plans to have the educational hang tag fully implemented by the rollout of its

          spring 2009 line (See Addendum G)

          Please Note

          For additional review purposes older articles and news clippings can be found at

          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

          many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

          hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

          3

          Addendum A

          NEWS from CPSC

          US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

          FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

          CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

          Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

          WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

          The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

          Here are some steps you can take to prevent escalator injuries

          bull Make sure shoes are tied before getting on an escalator

          bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

          bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

          bull Do not bring children onto escalators in strollers walkers or carts

          bull Always face forward and hold the handrail

          bull Avoid the sides of steps where entrapment can occur

          bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

          4

          Addendum B

          UPDATED 1029 pm August 01 2008

          In 3 accidents soft shoes caught side of escalator

          Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

          Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

          Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

          A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

          Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

          The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

          Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

          Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

          Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

          Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

          5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

          I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

          -- Staff writer John Perry contributed to this article

          6

          Addendum C

          A photo and description from a Straits Times Paper

          7

          Addendum D

          Addendum E Addendum E

          8

          Crocs sandals go on sale after firm makes them safer

          The Yomiuri Shimbun

          The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

          The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

          According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

          (Nov 2 2008)

          9

          Addendum F

          10

          Addendum G

          Kids wearing croc sandals beware

          Sat Oct 11 2008 The Straits Times

          In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

          By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

          Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

          March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

          Executive Summary

          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

          escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

          2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

          General Information

          bull While news media coverage has slowed an emerging trend has been an increase in coverage by

          ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

          bloggers link to past stories appealing to a smaller more focused audience

          Incidents and Responses

          bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

          National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

          Inc for more than $75 million in damages

          Lawsuits

          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

          coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

          o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

          Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

          his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

          Crocsrsquo Response

          bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

          safety awareness initiative release in its press release section dated July 22 2008

          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

          few months The company plans to have the educational hang tag fully implemented by the rollout of its

          spring 2009 line (See Addendum E)

          2

          Please Note

          For additional review purposes older articles and news clippings can be found at

          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

          many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

          Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

          Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

          3

          Addendum B

          Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

          4

          Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

          5

          Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

          6

          Addendum E

          Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

          7

          Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

          8

          992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

          9

          Addendum G

          Croc Shoes News (blog)

          Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

          Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

          10

          if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

          11

          Addendum H

          MomLogic (blog) Should Crocs Be Banned

          MONDAY MARCH 16 2009 filed under legal

          A mom says shes suing Crocs to keep kids safe

          Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

          Hes not the only one

          When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

          According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

          From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

          There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

          What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

          I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

          Said Attorney Andrew M Laskin

          Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

          12

          In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

          That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

          Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

          The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

          Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

          Will this lawsuit stop you from buying Crocs for your kids

          13

          Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

          As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

          14

          Addendum J Good things in life(blog)

          Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

          httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

          15

          Addendum K A blog entry that posted February 21 2009

          Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

          • Agenda
          • Attachment 1
          • Attachment 2
          • Attachment 3
          • Attachment 4
          • Attachment 5

            LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

            THOMAS J ROSS CPA C1P

            PO BOX 4750 111 EVERTS AVENUEMEGAN M ALEXANDER CPA QUEENSBURY NY 12804SCOTT R HARTUNG CPA PH (518) 792-6595HEATHER D PATTEN CPA FAX (518) 792-6635LEO A RIGBY CPA ClSA EMAIL LROSSLOFTUSROSSCOMMARY A SCELLEN EA

            GERALD J LOFTUS CPA (RETfRED) February 272009

            Board of Directors National Elevator Industry Inc

            We have audited the financial statements of National Elevator Industry Inc for the year ended December 312008 and have issued our report thereon dated February 272009 Professional standards require that we provide you with the following information related to our audit

            Our Responsibility under US Generally Accepted Auditing Standards

            As stated in our engagement letter dated August 262008 our responsibility as described by professional standards is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented in all material respects in conformity with US generally accepted accounting principles Our audit of the financial statements does not relieve you or management of your responsibilities

            Planned Scope and Timing of the Audit

            We periormed the audit according to the planned scope and timing previously communicated to you in our meetings about planning matters

            Significant Audit Findings

            Qualitative Aspects of Accounting Practices

            Management is responsible for the selection and use of appropriate accounting policies The significant accounting policies used by National Elevator Industry Inc are described in Note A to the financial statements No new accounting policies were adopted and the application of existing policies was not changed during 2008 We noted no transactions entered into by the Organization during the year for which there is a lack of authoritative guidance or consensus There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred

            Accounting estimates are an integral part of the financial statements prepared by management and are based on managements knowledge and experience about past and current events and assumptions about future events Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because

            Board of Directors February 27 2009 National Elevator Industry Inc Page 2

            of the possibility that future events affecting them may differ significantly from those expected

            Difficulties Encountered in Performing the Audit

            We encountered no significant difficulties in dealing with management in performing and completing our audit

            Corrected and Uncorrected Misstatements

            Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

            Disagreements with Management

            For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

            Management Representations

            We have requested certain representations from management that are included in the management representation letter dated February 27 2009

            Management Consultations with Other Independent Accountants

            In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

            Other Audit Findings or Issues

            We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

            poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

            Board of Directors February 272009 National Elevator Industry Inc Page 3

            relationship and our responses were not a condition to our retention

            This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

            Very truly yours

            ~R~LlP Loftus Ross LLP

            LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

            NATIONAL ELEVATOR INDUSTRY INC

            FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

            Year Ended December 31 2008

            TABLE OF CONTENTS

            Independent Auditors Report

            Page

            1

            Financial Statements

            Statement of Financial Position 2

            Statement of Activities 3

            Statement of Functional Expenses 4

            Statement of Cash Flows 5

            Notes to Financial Statements 6-7

            LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

            TlfOlfAS] ROSS CPA CTP

            MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

            QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

            MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

            INDEPENDENT AUDITORS REPORT

            Board of Directors National Elevator Industry Inc

            We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

            We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

            In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

            February 27 2009

            LlYkh~~ )Jffo~ssLLP

            NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

            December 31 2008

            ASSETS

            CURRENT ASSETS Cash and Cash Equivalents shy

            Unrestricted

            Prepaid Insurance

            $763138

            2777

            TOTAL CURRENT ASSETS $765915

            FIXED ASSETS Equipment Accumulated Depreciation

            TOTAL FIXED ASSETS

            $313471 (139934 )

            $173537

            OTHER ASSETS Annuity Net of Amortization

            TOTAL OTHER ASSETS

            $11023

            $11023

            TOTAL ASSETS $950475

            LIABILITIES AND NET ASSETS

            CURRENT LIABILITIES Accounts Payable

            TOTAL CURRENT LIABILITIES

            $80056

            $80056

            NET ASSETS Unrestricted

            TOTAL NET ASSETS

            $870419

            $8704 19

            TOTAL LIABILITIES AND NET ASSETS $950475

            See Notes to Financial Statements Page 2

            NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

            For the Year Ended December 31 2008

            REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

            TOTAL REVENUE

            FUNCTIONAL EXPENSES Program Services Management and General

            TOTAL FUNCTIONAL EXPENSES

            DECREASE IN UNRESTRICTED NET ASSETS

            NET ASSETS

            Beginning of Year

            End of Year

            $1370500 12000 4252

            15342 27500

            $1429594

            $849960 85235

            $935195

            $494399

            376020

            $8704 19

            See Notes to Financial Statements Page 3

            NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

            For the Year Ended December 31 2008

            FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

            TOTAL FUNCTIONAL EXPENSES

            Total

            $106915 43014 30000 36000

            943 7135

            484 66557

            110643 7844

            16508 3750 1500 4267 1815 1591 4800

            628 3015 1570

            486216

            $935195

            Program Services

            $106915 43014 30000

            0 0 0 0

            66557 110643

            0 0 0 0 0

            1815 0

            4800 0 0 0

            486216

            $849960

            Management and

            General

            $0 0 0

            36000 943

            7135 484

            0 0

            7844 16508 3750 1500 4267

            0 1591

            0 628

            3015 1570

            0

            $85235

            See Notes to Financial Statements Page 4

            NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

            For the Year Ended December 312008

            CASH PROVIDED (USED) BY

            OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

            Amortization 484 Depreciation 66557

            Prepaid Expenses 470 Accounts Payable 25731

            NET OPERATING ACTIVITIES $587641

            FINANCING ACTIVITIES Purchase of Equipment

            NET FINANCING ACTIVITIES $(71810

            INCREASE IN CASH AND CASH EQUIVALENTS $515831

            CASH AND CASH EQUIVALENTS Beginning of Year 247307

            End of Year $763138

            SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

            Interest Taxes

            $0 o

            DISCLOSURE OF ACCOUNTING POLICY

            For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

            See Notes to Financial Statements Page 5

            NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

            December 312008

            (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

            BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

            PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

            Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

            REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

            RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

            The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

            Page 6

            NATIONAL ELEVATOR INDUSTRY INC NOTES

            (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

            ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

            USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

            (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

            (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

            (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

            Page 7

            National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

            WWWNEIIORG bull E-Mail infoneiiorg

            NEII ASSOCIATION HEADQUARTERS

            1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

            BOARD OF DIRECTORS MEETING April 7 2009

            Code and Safety Consultantrsquos Report

            1 Central Code Committee

            11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

            12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

            Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

            Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

            2006) Facilities Subject to the Fair Housing Act (FHA)

            Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

            General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

            US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

            Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

            Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

            The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

            The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

            13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

            15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

            bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

            The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

            17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

            18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

            bull Firefightersrsquo use and bull Occupant Evacuation

            The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

            Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

            Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

            111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

            developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

            The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

            113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

            114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

            115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

            bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

            2 Government Affairs Committee

            NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

            31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

            4 Performance Standards Committee

            41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

            5 Safety Committee

            51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

            bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

            52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

            53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

            54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

            6 Significant Code Developments

            61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

            64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

            66 Elevator Code Activities

            Some significant revisions to the ASME A171CSA B44 Code under consideration include

            bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

            68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

            610 International Standards Committee

            Current ISO Committee activities include

            bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

            standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

            611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

            612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

            613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

            Respectfully submitted

            Brian Black Code and Safety Consultant to NEII

            NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

            1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

            2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

            3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

            the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

            to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

            APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

            November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

            Executive Summary

            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

            escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

            2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

            General Information

            bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

            soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

            Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

            and slidesrdquo (see Addendum A)

            o This is the most recent news the CPSC has issued on the subject

            Incidents and Responses

            bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

            these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

            Because this seems to happen on several occasions per month it is difficult to come up with an estimate

            of how many of these cases go undocumented

            bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

            escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

            The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

            bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

            blames the escalator industry and inattentive parents but argues that this could only be the case if the

            same escalator had been involved in each incident

            bull Several airports and other locations where these incidents are occurring are introducing new safety

            measures in response to these types of incidents

            o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

            public service announcement that airs every five minutes

            o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

            moving stairways in the past several months

            2

            Lawsuits

            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

            coverage since May 1 2008 These include but are not limited to

            o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

            o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

            Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

            bull The same attorney is handling all three aforementioned cases and has settled two other

            cases with Crocs but refuses to comment on them

            o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

            Crocs on an escalator in Japan was permanently injured and is now suing the company

            Crocsrsquo Response

            bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

            after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

            November of 2007

            o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

            the clogs and contended that the riding behavior and escalator design and maintenance

            caused the accidentsrdquo (See Addendum D)

            o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

            requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

            whether this new design will be introduced in other countries as well or if the new shoes were a

            direct result of authorities requirements in Japan (See Addendum E)

            bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

            safety awareness initiative release in its press release section dated July 22 2008

            bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

            aimed at elevator safety (Addendum F)

            bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

            investigations No mention or results from these investigations have been concluded andor released to

            the public yet

            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

            few months The company plans to have the educational hang tag fully implemented by the rollout of its

            spring 2009 line (See Addendum G)

            Please Note

            For additional review purposes older articles and news clippings can be found at

            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

            many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

            hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

            3

            Addendum A

            NEWS from CPSC

            US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

            FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

            CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

            Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

            WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

            The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

            Here are some steps you can take to prevent escalator injuries

            bull Make sure shoes are tied before getting on an escalator

            bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

            bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

            bull Do not bring children onto escalators in strollers walkers or carts

            bull Always face forward and hold the handrail

            bull Avoid the sides of steps where entrapment can occur

            bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

            4

            Addendum B

            UPDATED 1029 pm August 01 2008

            In 3 accidents soft shoes caught side of escalator

            Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

            Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

            Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

            A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

            Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

            The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

            Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

            Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

            Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

            Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

            5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

            I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

            -- Staff writer John Perry contributed to this article

            6

            Addendum C

            A photo and description from a Straits Times Paper

            7

            Addendum D

            Addendum E Addendum E

            8

            Crocs sandals go on sale after firm makes them safer

            The Yomiuri Shimbun

            The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

            The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

            According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

            (Nov 2 2008)

            9

            Addendum F

            10

            Addendum G

            Kids wearing croc sandals beware

            Sat Oct 11 2008 The Straits Times

            In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

            By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

            Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

            March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

            Executive Summary

            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

            escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

            2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

            General Information

            bull While news media coverage has slowed an emerging trend has been an increase in coverage by

            ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

            bloggers link to past stories appealing to a smaller more focused audience

            Incidents and Responses

            bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

            National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

            Inc for more than $75 million in damages

            Lawsuits

            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

            coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

            o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

            Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

            his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

            Crocsrsquo Response

            bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

            safety awareness initiative release in its press release section dated July 22 2008

            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

            few months The company plans to have the educational hang tag fully implemented by the rollout of its

            spring 2009 line (See Addendum E)

            2

            Please Note

            For additional review purposes older articles and news clippings can be found at

            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

            many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

            Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

            Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

            3

            Addendum B

            Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

            4

            Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

            5

            Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

            6

            Addendum E

            Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

            7

            Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

            8

            992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

            9

            Addendum G

            Croc Shoes News (blog)

            Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

            Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

            10

            if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

            11

            Addendum H

            MomLogic (blog) Should Crocs Be Banned

            MONDAY MARCH 16 2009 filed under legal

            A mom says shes suing Crocs to keep kids safe

            Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

            Hes not the only one

            When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

            According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

            From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

            There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

            What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

            I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

            Said Attorney Andrew M Laskin

            Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

            12

            In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

            That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

            Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

            The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

            Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

            Will this lawsuit stop you from buying Crocs for your kids

            13

            Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

            As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

            14

            Addendum J Good things in life(blog)

            Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

            httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

            15

            Addendum K A blog entry that posted February 21 2009

            Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

            • Agenda
            • Attachment 1
            • Attachment 2
            • Attachment 3
            • Attachment 4
            • Attachment 5

              Board of Directors February 27 2009 National Elevator Industry Inc Page 2

              of the possibility that future events affecting them may differ significantly from those expected

              Difficulties Encountered in Performing the Audit

              We encountered no significant difficulties in dealing with management in performing and completing our audit

              Corrected and Uncorrected Misstatements

              Professional standards require us to accumulate all known and likely misstatements identified during the audit other than those that are trivial and communicate them to the appropriate level of management Management has corrected all slJch misstatements In addition none of the misstatements detected as a result of audit procedures and corrected by management were material either individually or in the aggregate to the financial statements taken as a whole

              Disagreements with Management

              For purposes of this letter professional standards define a disagreement with management as a financial accounting reporting or auditing matter whether or not resolved to our satisfaction that could be significant to the financial statements or auditors report We are pleased to report that no such disagreements arose during the course of our audit

              Management Representations

              We have requested certain representations from management that are included in the management representation letter dated February 27 2009

              Management Consultations with Other Independent Accountants

              In some cases management may decide to consult with other accountants about auditing and accounting matters similar to obtaining a second opinion on certain situations If a consultation involves application of an accounting principle to the Organizations financial statements or a determination of the type of auditors opinion that may be expressed on those statements our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts To our knowledge there were no such consultations with other accountants

              Other Audit Findings or Issues

              We generally discuss a variety of matters including the application of accounting principles and auditing standards with management each year prior to retention as the Organizations auditors However these discussions occurred in the normal course of our professional

              poundOFIUSROSSILPmiddot CERTIFIED PUBLIC ACCOUNTANTS

              Board of Directors February 272009 National Elevator Industry Inc Page 3

              relationship and our responses were not a condition to our retention

              This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

              Very truly yours

              ~R~LlP Loftus Ross LLP

              LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

              NATIONAL ELEVATOR INDUSTRY INC

              FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

              Year Ended December 31 2008

              TABLE OF CONTENTS

              Independent Auditors Report

              Page

              1

              Financial Statements

              Statement of Financial Position 2

              Statement of Activities 3

              Statement of Functional Expenses 4

              Statement of Cash Flows 5

              Notes to Financial Statements 6-7

              LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

              TlfOlfAS] ROSS CPA CTP

              MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

              QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

              MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

              INDEPENDENT AUDITORS REPORT

              Board of Directors National Elevator Industry Inc

              We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

              We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

              In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

              February 27 2009

              LlYkh~~ )Jffo~ssLLP

              NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

              December 31 2008

              ASSETS

              CURRENT ASSETS Cash and Cash Equivalents shy

              Unrestricted

              Prepaid Insurance

              $763138

              2777

              TOTAL CURRENT ASSETS $765915

              FIXED ASSETS Equipment Accumulated Depreciation

              TOTAL FIXED ASSETS

              $313471 (139934 )

              $173537

              OTHER ASSETS Annuity Net of Amortization

              TOTAL OTHER ASSETS

              $11023

              $11023

              TOTAL ASSETS $950475

              LIABILITIES AND NET ASSETS

              CURRENT LIABILITIES Accounts Payable

              TOTAL CURRENT LIABILITIES

              $80056

              $80056

              NET ASSETS Unrestricted

              TOTAL NET ASSETS

              $870419

              $8704 19

              TOTAL LIABILITIES AND NET ASSETS $950475

              See Notes to Financial Statements Page 2

              NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

              For the Year Ended December 31 2008

              REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

              TOTAL REVENUE

              FUNCTIONAL EXPENSES Program Services Management and General

              TOTAL FUNCTIONAL EXPENSES

              DECREASE IN UNRESTRICTED NET ASSETS

              NET ASSETS

              Beginning of Year

              End of Year

              $1370500 12000 4252

              15342 27500

              $1429594

              $849960 85235

              $935195

              $494399

              376020

              $8704 19

              See Notes to Financial Statements Page 3

              NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

              For the Year Ended December 31 2008

              FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

              TOTAL FUNCTIONAL EXPENSES

              Total

              $106915 43014 30000 36000

              943 7135

              484 66557

              110643 7844

              16508 3750 1500 4267 1815 1591 4800

              628 3015 1570

              486216

              $935195

              Program Services

              $106915 43014 30000

              0 0 0 0

              66557 110643

              0 0 0 0 0

              1815 0

              4800 0 0 0

              486216

              $849960

              Management and

              General

              $0 0 0

              36000 943

              7135 484

              0 0

              7844 16508 3750 1500 4267

              0 1591

              0 628

              3015 1570

              0

              $85235

              See Notes to Financial Statements Page 4

              NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

              For the Year Ended December 312008

              CASH PROVIDED (USED) BY

              OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

              Amortization 484 Depreciation 66557

              Prepaid Expenses 470 Accounts Payable 25731

              NET OPERATING ACTIVITIES $587641

              FINANCING ACTIVITIES Purchase of Equipment

              NET FINANCING ACTIVITIES $(71810

              INCREASE IN CASH AND CASH EQUIVALENTS $515831

              CASH AND CASH EQUIVALENTS Beginning of Year 247307

              End of Year $763138

              SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

              Interest Taxes

              $0 o

              DISCLOSURE OF ACCOUNTING POLICY

              For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

              See Notes to Financial Statements Page 5

              NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

              December 312008

              (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

              BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

              PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

              Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

              REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

              RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

              The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

              Page 6

              NATIONAL ELEVATOR INDUSTRY INC NOTES

              (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

              ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

              USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

              (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

              (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

              (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

              Page 7

              National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

              WWWNEIIORG bull E-Mail infoneiiorg

              NEII ASSOCIATION HEADQUARTERS

              1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

              BOARD OF DIRECTORS MEETING April 7 2009

              Code and Safety Consultantrsquos Report

              1 Central Code Committee

              11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

              12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

              Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

              Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

              2006) Facilities Subject to the Fair Housing Act (FHA)

              Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

              General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

              US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

              Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

              Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

              The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

              The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

              13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

              15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

              bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

              The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

              17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

              18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

              bull Firefightersrsquo use and bull Occupant Evacuation

              The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

              Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

              Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

              111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

              developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

              The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

              113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

              114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

              115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

              bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

              2 Government Affairs Committee

              NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

              31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

              4 Performance Standards Committee

              41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

              5 Safety Committee

              51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

              bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

              52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

              53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

              54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

              6 Significant Code Developments

              61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

              64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

              66 Elevator Code Activities

              Some significant revisions to the ASME A171CSA B44 Code under consideration include

              bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

              68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

              610 International Standards Committee

              Current ISO Committee activities include

              bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

              standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

              611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

              612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

              613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

              Respectfully submitted

              Brian Black Code and Safety Consultant to NEII

              NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

              1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

              2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

              3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

              the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

              to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

              APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

              November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

              Executive Summary

              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

              escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

              2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

              General Information

              bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

              soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

              Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

              and slidesrdquo (see Addendum A)

              o This is the most recent news the CPSC has issued on the subject

              Incidents and Responses

              bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

              these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

              Because this seems to happen on several occasions per month it is difficult to come up with an estimate

              of how many of these cases go undocumented

              bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

              escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

              The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

              bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

              blames the escalator industry and inattentive parents but argues that this could only be the case if the

              same escalator had been involved in each incident

              bull Several airports and other locations where these incidents are occurring are introducing new safety

              measures in response to these types of incidents

              o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

              public service announcement that airs every five minutes

              o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

              moving stairways in the past several months

              2

              Lawsuits

              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

              coverage since May 1 2008 These include but are not limited to

              o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

              o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

              Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

              bull The same attorney is handling all three aforementioned cases and has settled two other

              cases with Crocs but refuses to comment on them

              o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

              Crocs on an escalator in Japan was permanently injured and is now suing the company

              Crocsrsquo Response

              bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

              after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

              November of 2007

              o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

              the clogs and contended that the riding behavior and escalator design and maintenance

              caused the accidentsrdquo (See Addendum D)

              o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

              requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

              whether this new design will be introduced in other countries as well or if the new shoes were a

              direct result of authorities requirements in Japan (See Addendum E)

              bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

              safety awareness initiative release in its press release section dated July 22 2008

              bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

              aimed at elevator safety (Addendum F)

              bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

              investigations No mention or results from these investigations have been concluded andor released to

              the public yet

              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

              few months The company plans to have the educational hang tag fully implemented by the rollout of its

              spring 2009 line (See Addendum G)

              Please Note

              For additional review purposes older articles and news clippings can be found at

              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

              many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

              hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

              3

              Addendum A

              NEWS from CPSC

              US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

              FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

              CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

              Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

              WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

              The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

              Here are some steps you can take to prevent escalator injuries

              bull Make sure shoes are tied before getting on an escalator

              bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

              bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

              bull Do not bring children onto escalators in strollers walkers or carts

              bull Always face forward and hold the handrail

              bull Avoid the sides of steps where entrapment can occur

              bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

              4

              Addendum B

              UPDATED 1029 pm August 01 2008

              In 3 accidents soft shoes caught side of escalator

              Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

              Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

              Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

              A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

              Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

              The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

              Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

              Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

              Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

              Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

              5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

              I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

              -- Staff writer John Perry contributed to this article

              6

              Addendum C

              A photo and description from a Straits Times Paper

              7

              Addendum D

              Addendum E Addendum E

              8

              Crocs sandals go on sale after firm makes them safer

              The Yomiuri Shimbun

              The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

              The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

              According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

              (Nov 2 2008)

              9

              Addendum F

              10

              Addendum G

              Kids wearing croc sandals beware

              Sat Oct 11 2008 The Straits Times

              In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

              By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

              Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

              March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

              Executive Summary

              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

              escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

              2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

              General Information

              bull While news media coverage has slowed an emerging trend has been an increase in coverage by

              ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

              bloggers link to past stories appealing to a smaller more focused audience

              Incidents and Responses

              bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

              National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

              Inc for more than $75 million in damages

              Lawsuits

              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

              coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

              o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

              Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

              his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

              Crocsrsquo Response

              bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

              safety awareness initiative release in its press release section dated July 22 2008

              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

              few months The company plans to have the educational hang tag fully implemented by the rollout of its

              spring 2009 line (See Addendum E)

              2

              Please Note

              For additional review purposes older articles and news clippings can be found at

              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

              many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

              Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

              Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

              3

              Addendum B

              Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

              4

              Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

              5

              Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

              6

              Addendum E

              Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

              7

              Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

              8

              992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

              9

              Addendum G

              Croc Shoes News (blog)

              Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

              Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

              10

              if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

              11

              Addendum H

              MomLogic (blog) Should Crocs Be Banned

              MONDAY MARCH 16 2009 filed under legal

              A mom says shes suing Crocs to keep kids safe

              Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

              Hes not the only one

              When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

              According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

              From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

              There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

              What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

              I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

              Said Attorney Andrew M Laskin

              Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

              12

              In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

              That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

              Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

              The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

              Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

              Will this lawsuit stop you from buying Crocs for your kids

              13

              Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

              As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

              14

              Addendum J Good things in life(blog)

              Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

              httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

              15

              Addendum K A blog entry that posted February 21 2009

              Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

              • Agenda
              • Attachment 1
              • Attachment 2
              • Attachment 3
              • Attachment 4
              • Attachment 5

                Board of Directors February 272009 National Elevator Industry Inc Page 3

                relationship and our responses were not a condition to our retention

                This information is intended solely for the use of the Board of Directors and management of National Elevator Industry Inc and is not intended to be and should not be used by anyone other than these specified parties

                Very truly yours

                ~R~LlP Loftus Ross LLP

                LOFTUSROSSLLP CERTIFIED PUBUCAcaJUNTANTS

                NATIONAL ELEVATOR INDUSTRY INC

                FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

                Year Ended December 31 2008

                TABLE OF CONTENTS

                Independent Auditors Report

                Page

                1

                Financial Statements

                Statement of Financial Position 2

                Statement of Activities 3

                Statement of Functional Expenses 4

                Statement of Cash Flows 5

                Notes to Financial Statements 6-7

                LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

                TlfOlfAS] ROSS CPA CTP

                MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

                QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

                MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

                INDEPENDENT AUDITORS REPORT

                Board of Directors National Elevator Industry Inc

                We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

                We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

                In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

                February 27 2009

                LlYkh~~ )Jffo~ssLLP

                NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

                December 31 2008

                ASSETS

                CURRENT ASSETS Cash and Cash Equivalents shy

                Unrestricted

                Prepaid Insurance

                $763138

                2777

                TOTAL CURRENT ASSETS $765915

                FIXED ASSETS Equipment Accumulated Depreciation

                TOTAL FIXED ASSETS

                $313471 (139934 )

                $173537

                OTHER ASSETS Annuity Net of Amortization

                TOTAL OTHER ASSETS

                $11023

                $11023

                TOTAL ASSETS $950475

                LIABILITIES AND NET ASSETS

                CURRENT LIABILITIES Accounts Payable

                TOTAL CURRENT LIABILITIES

                $80056

                $80056

                NET ASSETS Unrestricted

                TOTAL NET ASSETS

                $870419

                $8704 19

                TOTAL LIABILITIES AND NET ASSETS $950475

                See Notes to Financial Statements Page 2

                NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

                For the Year Ended December 31 2008

                REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

                TOTAL REVENUE

                FUNCTIONAL EXPENSES Program Services Management and General

                TOTAL FUNCTIONAL EXPENSES

                DECREASE IN UNRESTRICTED NET ASSETS

                NET ASSETS

                Beginning of Year

                End of Year

                $1370500 12000 4252

                15342 27500

                $1429594

                $849960 85235

                $935195

                $494399

                376020

                $8704 19

                See Notes to Financial Statements Page 3

                NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                For the Year Ended December 31 2008

                FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                TOTAL FUNCTIONAL EXPENSES

                Total

                $106915 43014 30000 36000

                943 7135

                484 66557

                110643 7844

                16508 3750 1500 4267 1815 1591 4800

                628 3015 1570

                486216

                $935195

                Program Services

                $106915 43014 30000

                0 0 0 0

                66557 110643

                0 0 0 0 0

                1815 0

                4800 0 0 0

                486216

                $849960

                Management and

                General

                $0 0 0

                36000 943

                7135 484

                0 0

                7844 16508 3750 1500 4267

                0 1591

                0 628

                3015 1570

                0

                $85235

                See Notes to Financial Statements Page 4

                NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                For the Year Ended December 312008

                CASH PROVIDED (USED) BY

                OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                Amortization 484 Depreciation 66557

                Prepaid Expenses 470 Accounts Payable 25731

                NET OPERATING ACTIVITIES $587641

                FINANCING ACTIVITIES Purchase of Equipment

                NET FINANCING ACTIVITIES $(71810

                INCREASE IN CASH AND CASH EQUIVALENTS $515831

                CASH AND CASH EQUIVALENTS Beginning of Year 247307

                End of Year $763138

                SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                Interest Taxes

                $0 o

                DISCLOSURE OF ACCOUNTING POLICY

                For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                See Notes to Financial Statements Page 5

                NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                December 312008

                (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                Page 6

                NATIONAL ELEVATOR INDUSTRY INC NOTES

                (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                Page 7

                National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                WWWNEIIORG bull E-Mail infoneiiorg

                NEII ASSOCIATION HEADQUARTERS

                1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                BOARD OF DIRECTORS MEETING April 7 2009

                Code and Safety Consultantrsquos Report

                1 Central Code Committee

                11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                2006) Facilities Subject to the Fair Housing Act (FHA)

                Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                bull Firefightersrsquo use and bull Occupant Evacuation

                The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                2 Government Affairs Committee

                NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                4 Performance Standards Committee

                41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                5 Safety Committee

                51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                6 Significant Code Developments

                61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                66 Elevator Code Activities

                Some significant revisions to the ASME A171CSA B44 Code under consideration include

                bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                610 International Standards Committee

                Current ISO Committee activities include

                bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                Respectfully submitted

                Brian Black Code and Safety Consultant to NEII

                NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                Executive Summary

                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                General Information

                bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                and slidesrdquo (see Addendum A)

                o This is the most recent news the CPSC has issued on the subject

                Incidents and Responses

                bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                of how many of these cases go undocumented

                bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                blames the escalator industry and inattentive parents but argues that this could only be the case if the

                same escalator had been involved in each incident

                bull Several airports and other locations where these incidents are occurring are introducing new safety

                measures in response to these types of incidents

                o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                public service announcement that airs every five minutes

                o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                moving stairways in the past several months

                2

                Lawsuits

                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                coverage since May 1 2008 These include but are not limited to

                o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                bull The same attorney is handling all three aforementioned cases and has settled two other

                cases with Crocs but refuses to comment on them

                o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                Crocs on an escalator in Japan was permanently injured and is now suing the company

                Crocsrsquo Response

                bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                November of 2007

                o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                the clogs and contended that the riding behavior and escalator design and maintenance

                caused the accidentsrdquo (See Addendum D)

                o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                whether this new design will be introduced in other countries as well or if the new shoes were a

                direct result of authorities requirements in Japan (See Addendum E)

                bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                safety awareness initiative release in its press release section dated July 22 2008

                bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                aimed at elevator safety (Addendum F)

                bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                investigations No mention or results from these investigations have been concluded andor released to

                the public yet

                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                spring 2009 line (See Addendum G)

                Please Note

                For additional review purposes older articles and news clippings can be found at

                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                3

                Addendum A

                NEWS from CPSC

                US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                Here are some steps you can take to prevent escalator injuries

                bull Make sure shoes are tied before getting on an escalator

                bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                bull Do not bring children onto escalators in strollers walkers or carts

                bull Always face forward and hold the handrail

                bull Avoid the sides of steps where entrapment can occur

                bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                4

                Addendum B

                UPDATED 1029 pm August 01 2008

                In 3 accidents soft shoes caught side of escalator

                Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                -- Staff writer John Perry contributed to this article

                6

                Addendum C

                A photo and description from a Straits Times Paper

                7

                Addendum D

                Addendum E Addendum E

                8

                Crocs sandals go on sale after firm makes them safer

                The Yomiuri Shimbun

                The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                (Nov 2 2008)

                9

                Addendum F

                10

                Addendum G

                Kids wearing croc sandals beware

                Sat Oct 11 2008 The Straits Times

                In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                Executive Summary

                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                General Information

                bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                bloggers link to past stories appealing to a smaller more focused audience

                Incidents and Responses

                bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                Inc for more than $75 million in damages

                Lawsuits

                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                Crocsrsquo Response

                bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                safety awareness initiative release in its press release section dated July 22 2008

                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                spring 2009 line (See Addendum E)

                2

                Please Note

                For additional review purposes older articles and news clippings can be found at

                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                3

                Addendum B

                Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                4

                Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                5

                Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                6

                Addendum E

                Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                7

                Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                8

                992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                9

                Addendum G

                Croc Shoes News (blog)

                Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                10

                if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                11

                Addendum H

                MomLogic (blog) Should Crocs Be Banned

                MONDAY MARCH 16 2009 filed under legal

                A mom says shes suing Crocs to keep kids safe

                Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                Hes not the only one

                When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                Said Attorney Andrew M Laskin

                Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                12

                In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                Will this lawsuit stop you from buying Crocs for your kids

                13

                Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                14

                Addendum J Good things in life(blog)

                Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                15

                Addendum K A blog entry that posted February 21 2009

                Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                • Agenda
                • Attachment 1
                • Attachment 2
                • Attachment 3
                • Attachment 4
                • Attachment 5

                  NATIONAL ELEVATOR INDUSTRY INC

                  FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

                  Year Ended December 31 2008

                  TABLE OF CONTENTS

                  Independent Auditors Report

                  Page

                  1

                  Financial Statements

                  Statement of Financial Position 2

                  Statement of Activities 3

                  Statement of Functional Expenses 4

                  Statement of Cash Flows 5

                  Notes to Financial Statements 6-7

                  LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

                  TlfOlfAS] ROSS CPA CTP

                  MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

                  QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

                  MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

                  INDEPENDENT AUDITORS REPORT

                  Board of Directors National Elevator Industry Inc

                  We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

                  We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

                  In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

                  February 27 2009

                  LlYkh~~ )Jffo~ssLLP

                  NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

                  December 31 2008

                  ASSETS

                  CURRENT ASSETS Cash and Cash Equivalents shy

                  Unrestricted

                  Prepaid Insurance

                  $763138

                  2777

                  TOTAL CURRENT ASSETS $765915

                  FIXED ASSETS Equipment Accumulated Depreciation

                  TOTAL FIXED ASSETS

                  $313471 (139934 )

                  $173537

                  OTHER ASSETS Annuity Net of Amortization

                  TOTAL OTHER ASSETS

                  $11023

                  $11023

                  TOTAL ASSETS $950475

                  LIABILITIES AND NET ASSETS

                  CURRENT LIABILITIES Accounts Payable

                  TOTAL CURRENT LIABILITIES

                  $80056

                  $80056

                  NET ASSETS Unrestricted

                  TOTAL NET ASSETS

                  $870419

                  $8704 19

                  TOTAL LIABILITIES AND NET ASSETS $950475

                  See Notes to Financial Statements Page 2

                  NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

                  For the Year Ended December 31 2008

                  REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

                  TOTAL REVENUE

                  FUNCTIONAL EXPENSES Program Services Management and General

                  TOTAL FUNCTIONAL EXPENSES

                  DECREASE IN UNRESTRICTED NET ASSETS

                  NET ASSETS

                  Beginning of Year

                  End of Year

                  $1370500 12000 4252

                  15342 27500

                  $1429594

                  $849960 85235

                  $935195

                  $494399

                  376020

                  $8704 19

                  See Notes to Financial Statements Page 3

                  NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                  For the Year Ended December 31 2008

                  FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                  TOTAL FUNCTIONAL EXPENSES

                  Total

                  $106915 43014 30000 36000

                  943 7135

                  484 66557

                  110643 7844

                  16508 3750 1500 4267 1815 1591 4800

                  628 3015 1570

                  486216

                  $935195

                  Program Services

                  $106915 43014 30000

                  0 0 0 0

                  66557 110643

                  0 0 0 0 0

                  1815 0

                  4800 0 0 0

                  486216

                  $849960

                  Management and

                  General

                  $0 0 0

                  36000 943

                  7135 484

                  0 0

                  7844 16508 3750 1500 4267

                  0 1591

                  0 628

                  3015 1570

                  0

                  $85235

                  See Notes to Financial Statements Page 4

                  NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                  For the Year Ended December 312008

                  CASH PROVIDED (USED) BY

                  OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                  Amortization 484 Depreciation 66557

                  Prepaid Expenses 470 Accounts Payable 25731

                  NET OPERATING ACTIVITIES $587641

                  FINANCING ACTIVITIES Purchase of Equipment

                  NET FINANCING ACTIVITIES $(71810

                  INCREASE IN CASH AND CASH EQUIVALENTS $515831

                  CASH AND CASH EQUIVALENTS Beginning of Year 247307

                  End of Year $763138

                  SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                  Interest Taxes

                  $0 o

                  DISCLOSURE OF ACCOUNTING POLICY

                  For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                  See Notes to Financial Statements Page 5

                  NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                  December 312008

                  (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                  BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                  PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                  Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                  REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                  RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                  The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                  Page 6

                  NATIONAL ELEVATOR INDUSTRY INC NOTES

                  (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                  ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                  USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                  (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                  (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                  (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                  Page 7

                  National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                  WWWNEIIORG bull E-Mail infoneiiorg

                  NEII ASSOCIATION HEADQUARTERS

                  1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                  BOARD OF DIRECTORS MEETING April 7 2009

                  Code and Safety Consultantrsquos Report

                  1 Central Code Committee

                  11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                  12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                  Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                  Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                  2006) Facilities Subject to the Fair Housing Act (FHA)

                  Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                  General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                  US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                  Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                  Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                  The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                  The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                  13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                  15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                  bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                  The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                  17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                  18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                  bull Firefightersrsquo use and bull Occupant Evacuation

                  The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                  Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                  Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                  111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                  developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                  The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                  113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                  114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                  115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                  bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                  2 Government Affairs Committee

                  NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                  31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                  4 Performance Standards Committee

                  41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                  5 Safety Committee

                  51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                  bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                  52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                  53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                  54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                  6 Significant Code Developments

                  61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                  64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                  66 Elevator Code Activities

                  Some significant revisions to the ASME A171CSA B44 Code under consideration include

                  bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                  68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                  610 International Standards Committee

                  Current ISO Committee activities include

                  bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                  standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                  611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                  612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                  613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                  Respectfully submitted

                  Brian Black Code and Safety Consultant to NEII

                  NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                  1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                  2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                  3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                  the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                  to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                  APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                  November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                  Executive Summary

                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                  escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                  2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                  General Information

                  bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                  soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                  Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                  and slidesrdquo (see Addendum A)

                  o This is the most recent news the CPSC has issued on the subject

                  Incidents and Responses

                  bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                  these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                  Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                  of how many of these cases go undocumented

                  bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                  escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                  The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                  bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                  blames the escalator industry and inattentive parents but argues that this could only be the case if the

                  same escalator had been involved in each incident

                  bull Several airports and other locations where these incidents are occurring are introducing new safety

                  measures in response to these types of incidents

                  o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                  public service announcement that airs every five minutes

                  o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                  moving stairways in the past several months

                  2

                  Lawsuits

                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                  coverage since May 1 2008 These include but are not limited to

                  o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                  o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                  Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                  bull The same attorney is handling all three aforementioned cases and has settled two other

                  cases with Crocs but refuses to comment on them

                  o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                  Crocs on an escalator in Japan was permanently injured and is now suing the company

                  Crocsrsquo Response

                  bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                  after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                  November of 2007

                  o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                  the clogs and contended that the riding behavior and escalator design and maintenance

                  caused the accidentsrdquo (See Addendum D)

                  o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                  requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                  whether this new design will be introduced in other countries as well or if the new shoes were a

                  direct result of authorities requirements in Japan (See Addendum E)

                  bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                  safety awareness initiative release in its press release section dated July 22 2008

                  bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                  aimed at elevator safety (Addendum F)

                  bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                  investigations No mention or results from these investigations have been concluded andor released to

                  the public yet

                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                  spring 2009 line (See Addendum G)

                  Please Note

                  For additional review purposes older articles and news clippings can be found at

                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                  many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                  hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                  3

                  Addendum A

                  NEWS from CPSC

                  US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                  FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                  CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                  Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                  WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                  The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                  Here are some steps you can take to prevent escalator injuries

                  bull Make sure shoes are tied before getting on an escalator

                  bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                  bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                  bull Do not bring children onto escalators in strollers walkers or carts

                  bull Always face forward and hold the handrail

                  bull Avoid the sides of steps where entrapment can occur

                  bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                  4

                  Addendum B

                  UPDATED 1029 pm August 01 2008

                  In 3 accidents soft shoes caught side of escalator

                  Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                  Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                  Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                  A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                  Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                  The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                  Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                  Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                  Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                  Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                  5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                  I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                  -- Staff writer John Perry contributed to this article

                  6

                  Addendum C

                  A photo and description from a Straits Times Paper

                  7

                  Addendum D

                  Addendum E Addendum E

                  8

                  Crocs sandals go on sale after firm makes them safer

                  The Yomiuri Shimbun

                  The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                  The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                  According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                  (Nov 2 2008)

                  9

                  Addendum F

                  10

                  Addendum G

                  Kids wearing croc sandals beware

                  Sat Oct 11 2008 The Straits Times

                  In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                  By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                  Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                  March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                  Executive Summary

                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                  escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                  2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                  General Information

                  bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                  ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                  bloggers link to past stories appealing to a smaller more focused audience

                  Incidents and Responses

                  bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                  National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                  Inc for more than $75 million in damages

                  Lawsuits

                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                  coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                  o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                  Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                  his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                  Crocsrsquo Response

                  bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                  safety awareness initiative release in its press release section dated July 22 2008

                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                  spring 2009 line (See Addendum E)

                  2

                  Please Note

                  For additional review purposes older articles and news clippings can be found at

                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                  many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                  Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                  Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                  3

                  Addendum B

                  Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                  4

                  Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                  5

                  Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                  6

                  Addendum E

                  Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                  7

                  Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                  8

                  992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                  9

                  Addendum G

                  Croc Shoes News (blog)

                  Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                  Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                  10

                  if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                  11

                  Addendum H

                  MomLogic (blog) Should Crocs Be Banned

                  MONDAY MARCH 16 2009 filed under legal

                  A mom says shes suing Crocs to keep kids safe

                  Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                  Hes not the only one

                  When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                  According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                  From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                  There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                  What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                  I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                  Said Attorney Andrew M Laskin

                  Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                  12

                  In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                  That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                  Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                  The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                  Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                  Will this lawsuit stop you from buying Crocs for your kids

                  13

                  Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                  As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                  14

                  Addendum J Good things in life(blog)

                  Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                  httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                  15

                  Addendum K A blog entry that posted February 21 2009

                  Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                  • Agenda
                  • Attachment 1
                  • Attachment 2
                  • Attachment 3
                  • Attachment 4
                  • Attachment 5

                    TABLE OF CONTENTS

                    Independent Auditors Report

                    Page

                    1

                    Financial Statements

                    Statement of Financial Position 2

                    Statement of Activities 3

                    Statement of Functional Expenses 4

                    Statement of Cash Flows 5

                    Notes to Financial Statements 6-7

                    LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

                    TlfOlfAS] ROSS CPA CTP

                    MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

                    QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

                    MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

                    INDEPENDENT AUDITORS REPORT

                    Board of Directors National Elevator Industry Inc

                    We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

                    We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

                    In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

                    February 27 2009

                    LlYkh~~ )Jffo~ssLLP

                    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

                    December 31 2008

                    ASSETS

                    CURRENT ASSETS Cash and Cash Equivalents shy

                    Unrestricted

                    Prepaid Insurance

                    $763138

                    2777

                    TOTAL CURRENT ASSETS $765915

                    FIXED ASSETS Equipment Accumulated Depreciation

                    TOTAL FIXED ASSETS

                    $313471 (139934 )

                    $173537

                    OTHER ASSETS Annuity Net of Amortization

                    TOTAL OTHER ASSETS

                    $11023

                    $11023

                    TOTAL ASSETS $950475

                    LIABILITIES AND NET ASSETS

                    CURRENT LIABILITIES Accounts Payable

                    TOTAL CURRENT LIABILITIES

                    $80056

                    $80056

                    NET ASSETS Unrestricted

                    TOTAL NET ASSETS

                    $870419

                    $8704 19

                    TOTAL LIABILITIES AND NET ASSETS $950475

                    See Notes to Financial Statements Page 2

                    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

                    For the Year Ended December 31 2008

                    REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

                    TOTAL REVENUE

                    FUNCTIONAL EXPENSES Program Services Management and General

                    TOTAL FUNCTIONAL EXPENSES

                    DECREASE IN UNRESTRICTED NET ASSETS

                    NET ASSETS

                    Beginning of Year

                    End of Year

                    $1370500 12000 4252

                    15342 27500

                    $1429594

                    $849960 85235

                    $935195

                    $494399

                    376020

                    $8704 19

                    See Notes to Financial Statements Page 3

                    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                    For the Year Ended December 31 2008

                    FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                    TOTAL FUNCTIONAL EXPENSES

                    Total

                    $106915 43014 30000 36000

                    943 7135

                    484 66557

                    110643 7844

                    16508 3750 1500 4267 1815 1591 4800

                    628 3015 1570

                    486216

                    $935195

                    Program Services

                    $106915 43014 30000

                    0 0 0 0

                    66557 110643

                    0 0 0 0 0

                    1815 0

                    4800 0 0 0

                    486216

                    $849960

                    Management and

                    General

                    $0 0 0

                    36000 943

                    7135 484

                    0 0

                    7844 16508 3750 1500 4267

                    0 1591

                    0 628

                    3015 1570

                    0

                    $85235

                    See Notes to Financial Statements Page 4

                    NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                    For the Year Ended December 312008

                    CASH PROVIDED (USED) BY

                    OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                    Amortization 484 Depreciation 66557

                    Prepaid Expenses 470 Accounts Payable 25731

                    NET OPERATING ACTIVITIES $587641

                    FINANCING ACTIVITIES Purchase of Equipment

                    NET FINANCING ACTIVITIES $(71810

                    INCREASE IN CASH AND CASH EQUIVALENTS $515831

                    CASH AND CASH EQUIVALENTS Beginning of Year 247307

                    End of Year $763138

                    SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                    Interest Taxes

                    $0 o

                    DISCLOSURE OF ACCOUNTING POLICY

                    For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                    See Notes to Financial Statements Page 5

                    NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                    December 312008

                    (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                    BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                    PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                    Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                    REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                    RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                    The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                    Page 6

                    NATIONAL ELEVATOR INDUSTRY INC NOTES

                    (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                    ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                    USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                    (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                    (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                    (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                    Page 7

                    National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                    WWWNEIIORG bull E-Mail infoneiiorg

                    NEII ASSOCIATION HEADQUARTERS

                    1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                    BOARD OF DIRECTORS MEETING April 7 2009

                    Code and Safety Consultantrsquos Report

                    1 Central Code Committee

                    11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                    12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                    Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                    Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                    2006) Facilities Subject to the Fair Housing Act (FHA)

                    Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                    General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                    US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                    Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                    Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                    The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                    The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                    13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                    15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                    bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                    The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                    17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                    18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                    bull Firefightersrsquo use and bull Occupant Evacuation

                    The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                    Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                    Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                    111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                    developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                    The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                    113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                    114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                    115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                    bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                    2 Government Affairs Committee

                    NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                    31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                    4 Performance Standards Committee

                    41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                    5 Safety Committee

                    51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                    bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                    52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                    53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                    54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                    6 Significant Code Developments

                    61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                    64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                    66 Elevator Code Activities

                    Some significant revisions to the ASME A171CSA B44 Code under consideration include

                    bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                    68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                    610 International Standards Committee

                    Current ISO Committee activities include

                    bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                    standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                    611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                    612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                    613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                    Respectfully submitted

                    Brian Black Code and Safety Consultant to NEII

                    NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                    1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                    2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                    3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                    the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                    to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                    APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                    November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                    Executive Summary

                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                    escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                    2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                    General Information

                    bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                    soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                    Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                    and slidesrdquo (see Addendum A)

                    o This is the most recent news the CPSC has issued on the subject

                    Incidents and Responses

                    bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                    these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                    Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                    of how many of these cases go undocumented

                    bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                    escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                    The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                    bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                    blames the escalator industry and inattentive parents but argues that this could only be the case if the

                    same escalator had been involved in each incident

                    bull Several airports and other locations where these incidents are occurring are introducing new safety

                    measures in response to these types of incidents

                    o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                    public service announcement that airs every five minutes

                    o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                    moving stairways in the past several months

                    2

                    Lawsuits

                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                    coverage since May 1 2008 These include but are not limited to

                    o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                    o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                    Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                    bull The same attorney is handling all three aforementioned cases and has settled two other

                    cases with Crocs but refuses to comment on them

                    o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                    Crocs on an escalator in Japan was permanently injured and is now suing the company

                    Crocsrsquo Response

                    bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                    after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                    November of 2007

                    o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                    the clogs and contended that the riding behavior and escalator design and maintenance

                    caused the accidentsrdquo (See Addendum D)

                    o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                    requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                    whether this new design will be introduced in other countries as well or if the new shoes were a

                    direct result of authorities requirements in Japan (See Addendum E)

                    bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                    safety awareness initiative release in its press release section dated July 22 2008

                    bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                    aimed at elevator safety (Addendum F)

                    bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                    investigations No mention or results from these investigations have been concluded andor released to

                    the public yet

                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                    spring 2009 line (See Addendum G)

                    Please Note

                    For additional review purposes older articles and news clippings can be found at

                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                    many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                    hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                    3

                    Addendum A

                    NEWS from CPSC

                    US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                    FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                    CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                    Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                    WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                    The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                    Here are some steps you can take to prevent escalator injuries

                    bull Make sure shoes are tied before getting on an escalator

                    bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                    bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                    bull Do not bring children onto escalators in strollers walkers or carts

                    bull Always face forward and hold the handrail

                    bull Avoid the sides of steps where entrapment can occur

                    bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                    4

                    Addendum B

                    UPDATED 1029 pm August 01 2008

                    In 3 accidents soft shoes caught side of escalator

                    Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                    Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                    Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                    A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                    Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                    The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                    Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                    Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                    Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                    Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                    5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                    I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                    -- Staff writer John Perry contributed to this article

                    6

                    Addendum C

                    A photo and description from a Straits Times Paper

                    7

                    Addendum D

                    Addendum E Addendum E

                    8

                    Crocs sandals go on sale after firm makes them safer

                    The Yomiuri Shimbun

                    The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                    The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                    According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                    (Nov 2 2008)

                    9

                    Addendum F

                    10

                    Addendum G

                    Kids wearing croc sandals beware

                    Sat Oct 11 2008 The Straits Times

                    In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                    By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                    Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                    March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                    Executive Summary

                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                    escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                    2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                    General Information

                    bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                    ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                    bloggers link to past stories appealing to a smaller more focused audience

                    Incidents and Responses

                    bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                    National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                    Inc for more than $75 million in damages

                    Lawsuits

                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                    coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                    o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                    Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                    his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                    Crocsrsquo Response

                    bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                    safety awareness initiative release in its press release section dated July 22 2008

                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                    spring 2009 line (See Addendum E)

                    2

                    Please Note

                    For additional review purposes older articles and news clippings can be found at

                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                    many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                    Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                    Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                    3

                    Addendum B

                    Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                    4

                    Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                    5

                    Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                    6

                    Addendum E

                    Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                    7

                    Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                    8

                    992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                    9

                    Addendum G

                    Croc Shoes News (blog)

                    Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                    Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                    10

                    if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                    11

                    Addendum H

                    MomLogic (blog) Should Crocs Be Banned

                    MONDAY MARCH 16 2009 filed under legal

                    A mom says shes suing Crocs to keep kids safe

                    Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                    Hes not the only one

                    When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                    According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                    From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                    There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                    What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                    I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                    Said Attorney Andrew M Laskin

                    Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                    12

                    In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                    That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                    Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                    The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                    Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                    Will this lawsuit stop you from buying Crocs for your kids

                    13

                    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                    14

                    Addendum J Good things in life(blog)

                    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                    15

                    Addendum K A blog entry that posted February 21 2009

                    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                    • Agenda
                    • Attachment 1
                    • Attachment 2
                    • Attachment 3
                    • Attachment 4
                    • Attachment 5

                      LOFTUS ROSS LLP CERTIFIED PUBLIC ACCOUNTANTS

                      TlfOlfAS] ROSS CPA CTP

                      MEGAN 1 ALEXANDER CPA SCOlT R IlARTUNG CPA PO BOX 4750 111 EVERTS AVENUE

                      QUEENSBURY NY 12804HEA THER D PA TTEN CPA PH (518) 792-6595LEO A RICBi CPA CiSA

                      MARY A SCELLf1V pound4 FAX (518) 792-663S EMAIL-LROSS(iJlOFTUSROSSCOMCER4LD J Iorrus CPA (RETffiELJ)

                      INDEPENDENT AUDITORS REPORT

                      Board of Directors National Elevator Industry Inc

                      We have audited the accompanying Statement of Financial Position of National Elevator Industry Inc (a not-for-profit organization) as of December 31 2008 and the related Statements of Activities Functional Expenses and Cash Flows for the year then ended These financial statements are the responsibility of the Organizations management Our responsibility is to express an opinion on these financial statements based on our audit

                      We conducted our audit in accordance with auditing standards generally acshycepted in the United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall financial statement presentation We believe that our audit provides a reasonable basis for our opinion

                      In our opinion the financial statements referred to above present fairly in all material respects the financial position of National Elevator Industry Inc as of December 31 2008 and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America

                      February 27 2009

                      LlYkh~~ )Jffo~ssLLP

                      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

                      December 31 2008

                      ASSETS

                      CURRENT ASSETS Cash and Cash Equivalents shy

                      Unrestricted

                      Prepaid Insurance

                      $763138

                      2777

                      TOTAL CURRENT ASSETS $765915

                      FIXED ASSETS Equipment Accumulated Depreciation

                      TOTAL FIXED ASSETS

                      $313471 (139934 )

                      $173537

                      OTHER ASSETS Annuity Net of Amortization

                      TOTAL OTHER ASSETS

                      $11023

                      $11023

                      TOTAL ASSETS $950475

                      LIABILITIES AND NET ASSETS

                      CURRENT LIABILITIES Accounts Payable

                      TOTAL CURRENT LIABILITIES

                      $80056

                      $80056

                      NET ASSETS Unrestricted

                      TOTAL NET ASSETS

                      $870419

                      $8704 19

                      TOTAL LIABILITIES AND NET ASSETS $950475

                      See Notes to Financial Statements Page 2

                      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

                      For the Year Ended December 31 2008

                      REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

                      TOTAL REVENUE

                      FUNCTIONAL EXPENSES Program Services Management and General

                      TOTAL FUNCTIONAL EXPENSES

                      DECREASE IN UNRESTRICTED NET ASSETS

                      NET ASSETS

                      Beginning of Year

                      End of Year

                      $1370500 12000 4252

                      15342 27500

                      $1429594

                      $849960 85235

                      $935195

                      $494399

                      376020

                      $8704 19

                      See Notes to Financial Statements Page 3

                      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                      For the Year Ended December 31 2008

                      FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                      TOTAL FUNCTIONAL EXPENSES

                      Total

                      $106915 43014 30000 36000

                      943 7135

                      484 66557

                      110643 7844

                      16508 3750 1500 4267 1815 1591 4800

                      628 3015 1570

                      486216

                      $935195

                      Program Services

                      $106915 43014 30000

                      0 0 0 0

                      66557 110643

                      0 0 0 0 0

                      1815 0

                      4800 0 0 0

                      486216

                      $849960

                      Management and

                      General

                      $0 0 0

                      36000 943

                      7135 484

                      0 0

                      7844 16508 3750 1500 4267

                      0 1591

                      0 628

                      3015 1570

                      0

                      $85235

                      See Notes to Financial Statements Page 4

                      NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                      For the Year Ended December 312008

                      CASH PROVIDED (USED) BY

                      OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                      Amortization 484 Depreciation 66557

                      Prepaid Expenses 470 Accounts Payable 25731

                      NET OPERATING ACTIVITIES $587641

                      FINANCING ACTIVITIES Purchase of Equipment

                      NET FINANCING ACTIVITIES $(71810

                      INCREASE IN CASH AND CASH EQUIVALENTS $515831

                      CASH AND CASH EQUIVALENTS Beginning of Year 247307

                      End of Year $763138

                      SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                      Interest Taxes

                      $0 o

                      DISCLOSURE OF ACCOUNTING POLICY

                      For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                      See Notes to Financial Statements Page 5

                      NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                      December 312008

                      (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                      BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                      PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                      Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                      REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                      RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                      The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                      Page 6

                      NATIONAL ELEVATOR INDUSTRY INC NOTES

                      (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                      ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                      USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                      (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                      (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                      (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                      Page 7

                      National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                      WWWNEIIORG bull E-Mail infoneiiorg

                      NEII ASSOCIATION HEADQUARTERS

                      1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                      BOARD OF DIRECTORS MEETING April 7 2009

                      Code and Safety Consultantrsquos Report

                      1 Central Code Committee

                      11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                      12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                      Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                      Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                      2006) Facilities Subject to the Fair Housing Act (FHA)

                      Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                      General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                      US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                      Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                      Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                      The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                      The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                      13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                      15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                      bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                      The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                      17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                      18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                      bull Firefightersrsquo use and bull Occupant Evacuation

                      The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                      Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                      Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                      111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                      developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                      The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                      113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                      114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                      115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                      bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                      2 Government Affairs Committee

                      NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                      31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                      4 Performance Standards Committee

                      41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                      5 Safety Committee

                      51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                      bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                      52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                      53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                      54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                      6 Significant Code Developments

                      61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                      64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                      66 Elevator Code Activities

                      Some significant revisions to the ASME A171CSA B44 Code under consideration include

                      bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                      68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                      610 International Standards Committee

                      Current ISO Committee activities include

                      bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                      standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                      611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                      612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                      613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                      Respectfully submitted

                      Brian Black Code and Safety Consultant to NEII

                      NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                      1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                      2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                      3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                      the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                      to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                      APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                      November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                      Executive Summary

                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                      escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                      2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                      General Information

                      bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                      soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                      Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                      and slidesrdquo (see Addendum A)

                      o This is the most recent news the CPSC has issued on the subject

                      Incidents and Responses

                      bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                      these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                      Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                      of how many of these cases go undocumented

                      bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                      escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                      The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                      bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                      blames the escalator industry and inattentive parents but argues that this could only be the case if the

                      same escalator had been involved in each incident

                      bull Several airports and other locations where these incidents are occurring are introducing new safety

                      measures in response to these types of incidents

                      o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                      public service announcement that airs every five minutes

                      o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                      moving stairways in the past several months

                      2

                      Lawsuits

                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                      coverage since May 1 2008 These include but are not limited to

                      o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                      o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                      Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                      bull The same attorney is handling all three aforementioned cases and has settled two other

                      cases with Crocs but refuses to comment on them

                      o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                      Crocs on an escalator in Japan was permanently injured and is now suing the company

                      Crocsrsquo Response

                      bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                      after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                      November of 2007

                      o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                      the clogs and contended that the riding behavior and escalator design and maintenance

                      caused the accidentsrdquo (See Addendum D)

                      o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                      requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                      whether this new design will be introduced in other countries as well or if the new shoes were a

                      direct result of authorities requirements in Japan (See Addendum E)

                      bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                      safety awareness initiative release in its press release section dated July 22 2008

                      bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                      aimed at elevator safety (Addendum F)

                      bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                      investigations No mention or results from these investigations have been concluded andor released to

                      the public yet

                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                      spring 2009 line (See Addendum G)

                      Please Note

                      For additional review purposes older articles and news clippings can be found at

                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                      many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                      hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                      3

                      Addendum A

                      NEWS from CPSC

                      US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                      FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                      CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                      Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                      WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                      The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                      Here are some steps you can take to prevent escalator injuries

                      bull Make sure shoes are tied before getting on an escalator

                      bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                      bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                      bull Do not bring children onto escalators in strollers walkers or carts

                      bull Always face forward and hold the handrail

                      bull Avoid the sides of steps where entrapment can occur

                      bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                      4

                      Addendum B

                      UPDATED 1029 pm August 01 2008

                      In 3 accidents soft shoes caught side of escalator

                      Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                      Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                      Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                      A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                      Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                      The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                      Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                      Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                      Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                      Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                      5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                      I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                      -- Staff writer John Perry contributed to this article

                      6

                      Addendum C

                      A photo and description from a Straits Times Paper

                      7

                      Addendum D

                      Addendum E Addendum E

                      8

                      Crocs sandals go on sale after firm makes them safer

                      The Yomiuri Shimbun

                      The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                      The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                      According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                      (Nov 2 2008)

                      9

                      Addendum F

                      10

                      Addendum G

                      Kids wearing croc sandals beware

                      Sat Oct 11 2008 The Straits Times

                      In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                      By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                      Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                      March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                      Executive Summary

                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                      escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                      2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                      General Information

                      bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                      ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                      bloggers link to past stories appealing to a smaller more focused audience

                      Incidents and Responses

                      bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                      National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                      Inc for more than $75 million in damages

                      Lawsuits

                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                      coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                      o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                      Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                      his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                      Crocsrsquo Response

                      bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                      safety awareness initiative release in its press release section dated July 22 2008

                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                      spring 2009 line (See Addendum E)

                      2

                      Please Note

                      For additional review purposes older articles and news clippings can be found at

                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                      many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                      Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                      Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                      3

                      Addendum B

                      Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                      4

                      Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                      5

                      Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                      6

                      Addendum E

                      Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                      7

                      Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                      8

                      992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                      9

                      Addendum G

                      Croc Shoes News (blog)

                      Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                      Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                      10

                      if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                      11

                      Addendum H

                      MomLogic (blog) Should Crocs Be Banned

                      MONDAY MARCH 16 2009 filed under legal

                      A mom says shes suing Crocs to keep kids safe

                      Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                      Hes not the only one

                      When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                      According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                      From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                      There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                      What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                      I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                      Said Attorney Andrew M Laskin

                      Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                      12

                      In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                      That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                      Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                      The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                      Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                      Will this lawsuit stop you from buying Crocs for your kids

                      13

                      Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                      As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                      14

                      Addendum J Good things in life(blog)

                      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                      15

                      Addendum K A blog entry that posted February 21 2009

                      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                      • Agenda
                      • Attachment 1
                      • Attachment 2
                      • Attachment 3
                      • Attachment 4
                      • Attachment 5

                        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FINANCIAL POSITION

                        December 31 2008

                        ASSETS

                        CURRENT ASSETS Cash and Cash Equivalents shy

                        Unrestricted

                        Prepaid Insurance

                        $763138

                        2777

                        TOTAL CURRENT ASSETS $765915

                        FIXED ASSETS Equipment Accumulated Depreciation

                        TOTAL FIXED ASSETS

                        $313471 (139934 )

                        $173537

                        OTHER ASSETS Annuity Net of Amortization

                        TOTAL OTHER ASSETS

                        $11023

                        $11023

                        TOTAL ASSETS $950475

                        LIABILITIES AND NET ASSETS

                        CURRENT LIABILITIES Accounts Payable

                        TOTAL CURRENT LIABILITIES

                        $80056

                        $80056

                        NET ASSETS Unrestricted

                        TOTAL NET ASSETS

                        $870419

                        $8704 19

                        TOTAL LIABILITIES AND NET ASSETS $950475

                        See Notes to Financial Statements Page 2

                        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

                        For the Year Ended December 31 2008

                        REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

                        TOTAL REVENUE

                        FUNCTIONAL EXPENSES Program Services Management and General

                        TOTAL FUNCTIONAL EXPENSES

                        DECREASE IN UNRESTRICTED NET ASSETS

                        NET ASSETS

                        Beginning of Year

                        End of Year

                        $1370500 12000 4252

                        15342 27500

                        $1429594

                        $849960 85235

                        $935195

                        $494399

                        376020

                        $8704 19

                        See Notes to Financial Statements Page 3

                        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                        For the Year Ended December 31 2008

                        FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                        TOTAL FUNCTIONAL EXPENSES

                        Total

                        $106915 43014 30000 36000

                        943 7135

                        484 66557

                        110643 7844

                        16508 3750 1500 4267 1815 1591 4800

                        628 3015 1570

                        486216

                        $935195

                        Program Services

                        $106915 43014 30000

                        0 0 0 0

                        66557 110643

                        0 0 0 0 0

                        1815 0

                        4800 0 0 0

                        486216

                        $849960

                        Management and

                        General

                        $0 0 0

                        36000 943

                        7135 484

                        0 0

                        7844 16508 3750 1500 4267

                        0 1591

                        0 628

                        3015 1570

                        0

                        $85235

                        See Notes to Financial Statements Page 4

                        NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                        For the Year Ended December 312008

                        CASH PROVIDED (USED) BY

                        OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                        Amortization 484 Depreciation 66557

                        Prepaid Expenses 470 Accounts Payable 25731

                        NET OPERATING ACTIVITIES $587641

                        FINANCING ACTIVITIES Purchase of Equipment

                        NET FINANCING ACTIVITIES $(71810

                        INCREASE IN CASH AND CASH EQUIVALENTS $515831

                        CASH AND CASH EQUIVALENTS Beginning of Year 247307

                        End of Year $763138

                        SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                        Interest Taxes

                        $0 o

                        DISCLOSURE OF ACCOUNTING POLICY

                        For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                        See Notes to Financial Statements Page 5

                        NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                        December 312008

                        (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                        BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                        PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                        Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                        REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                        RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                        The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                        Page 6

                        NATIONAL ELEVATOR INDUSTRY INC NOTES

                        (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                        ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                        USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                        (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                        (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                        (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                        Page 7

                        National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                        WWWNEIIORG bull E-Mail infoneiiorg

                        NEII ASSOCIATION HEADQUARTERS

                        1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                        BOARD OF DIRECTORS MEETING April 7 2009

                        Code and Safety Consultantrsquos Report

                        1 Central Code Committee

                        11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                        12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                        Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                        Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                        2006) Facilities Subject to the Fair Housing Act (FHA)

                        Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                        General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                        US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                        Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                        Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                        The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                        The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                        13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                        15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                        bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                        The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                        17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                        18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                        bull Firefightersrsquo use and bull Occupant Evacuation

                        The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                        Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                        Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                        111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                        developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                        The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                        113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                        114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                        115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                        bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                        2 Government Affairs Committee

                        NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                        31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                        4 Performance Standards Committee

                        41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                        5 Safety Committee

                        51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                        bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                        52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                        53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                        54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                        6 Significant Code Developments

                        61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                        64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                        66 Elevator Code Activities

                        Some significant revisions to the ASME A171CSA B44 Code under consideration include

                        bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                        68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                        610 International Standards Committee

                        Current ISO Committee activities include

                        bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                        standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                        611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                        612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                        613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                        Respectfully submitted

                        Brian Black Code and Safety Consultant to NEII

                        NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                        1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                        2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                        3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                        the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                        to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                        APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                        November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                        Executive Summary

                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                        escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                        2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                        General Information

                        bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                        soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                        Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                        and slidesrdquo (see Addendum A)

                        o This is the most recent news the CPSC has issued on the subject

                        Incidents and Responses

                        bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                        these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                        Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                        of how many of these cases go undocumented

                        bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                        escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                        The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                        bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                        blames the escalator industry and inattentive parents but argues that this could only be the case if the

                        same escalator had been involved in each incident

                        bull Several airports and other locations where these incidents are occurring are introducing new safety

                        measures in response to these types of incidents

                        o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                        public service announcement that airs every five minutes

                        o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                        moving stairways in the past several months

                        2

                        Lawsuits

                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                        coverage since May 1 2008 These include but are not limited to

                        o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                        o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                        Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                        bull The same attorney is handling all three aforementioned cases and has settled two other

                        cases with Crocs but refuses to comment on them

                        o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                        Crocs on an escalator in Japan was permanently injured and is now suing the company

                        Crocsrsquo Response

                        bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                        after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                        November of 2007

                        o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                        the clogs and contended that the riding behavior and escalator design and maintenance

                        caused the accidentsrdquo (See Addendum D)

                        o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                        requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                        whether this new design will be introduced in other countries as well or if the new shoes were a

                        direct result of authorities requirements in Japan (See Addendum E)

                        bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                        safety awareness initiative release in its press release section dated July 22 2008

                        bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                        aimed at elevator safety (Addendum F)

                        bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                        investigations No mention or results from these investigations have been concluded andor released to

                        the public yet

                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                        spring 2009 line (See Addendum G)

                        Please Note

                        For additional review purposes older articles and news clippings can be found at

                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                        many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                        hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                        3

                        Addendum A

                        NEWS from CPSC

                        US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                        FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                        CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                        Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                        WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                        The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                        Here are some steps you can take to prevent escalator injuries

                        bull Make sure shoes are tied before getting on an escalator

                        bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                        bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                        bull Do not bring children onto escalators in strollers walkers or carts

                        bull Always face forward and hold the handrail

                        bull Avoid the sides of steps where entrapment can occur

                        bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                        4

                        Addendum B

                        UPDATED 1029 pm August 01 2008

                        In 3 accidents soft shoes caught side of escalator

                        Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                        Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                        Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                        A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                        Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                        The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                        Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                        Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                        Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                        Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                        5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                        I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                        -- Staff writer John Perry contributed to this article

                        6

                        Addendum C

                        A photo and description from a Straits Times Paper

                        7

                        Addendum D

                        Addendum E Addendum E

                        8

                        Crocs sandals go on sale after firm makes them safer

                        The Yomiuri Shimbun

                        The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                        The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                        According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                        (Nov 2 2008)

                        9

                        Addendum F

                        10

                        Addendum G

                        Kids wearing croc sandals beware

                        Sat Oct 11 2008 The Straits Times

                        In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                        By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                        Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                        March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                        Executive Summary

                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                        escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                        2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                        General Information

                        bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                        ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                        bloggers link to past stories appealing to a smaller more focused audience

                        Incidents and Responses

                        bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                        National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                        Inc for more than $75 million in damages

                        Lawsuits

                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                        coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                        o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                        Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                        his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                        Crocsrsquo Response

                        bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                        safety awareness initiative release in its press release section dated July 22 2008

                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                        spring 2009 line (See Addendum E)

                        2

                        Please Note

                        For additional review purposes older articles and news clippings can be found at

                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                        many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                        Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                        Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                        3

                        Addendum B

                        Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                        4

                        Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                        5

                        Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                        6

                        Addendum E

                        Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                        7

                        Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                        8

                        992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                        9

                        Addendum G

                        Croc Shoes News (blog)

                        Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                        Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                        10

                        if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                        11

                        Addendum H

                        MomLogic (blog) Should Crocs Be Banned

                        MONDAY MARCH 16 2009 filed under legal

                        A mom says shes suing Crocs to keep kids safe

                        Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                        Hes not the only one

                        When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                        According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                        From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                        There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                        What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                        I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                        Said Attorney Andrew M Laskin

                        Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                        12

                        In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                        That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                        Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                        The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                        Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                        Will this lawsuit stop you from buying Crocs for your kids

                        13

                        Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                        As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                        14

                        Addendum J Good things in life(blog)

                        Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                        httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                        15

                        Addendum K A blog entry that posted February 21 2009

                        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                        • Agenda
                        • Attachment 1
                        • Attachment 2
                        • Attachment 3
                        • Attachment 4
                        • Attachment 5

                          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF ACTIVITIES

                          For the Year Ended December 31 2008

                          REVENUE Assessments - Regular Membership Assessments - Trust Membership Annuity Income Interest Income Code Finder Income

                          TOTAL REVENUE

                          FUNCTIONAL EXPENSES Program Services Management and General

                          TOTAL FUNCTIONAL EXPENSES

                          DECREASE IN UNRESTRICTED NET ASSETS

                          NET ASSETS

                          Beginning of Year

                          End of Year

                          $1370500 12000 4252

                          15342 27500

                          $1429594

                          $849960 85235

                          $935195

                          $494399

                          376020

                          $8704 19

                          See Notes to Financial Statements Page 3

                          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                          For the Year Ended December 31 2008

                          FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                          TOTAL FUNCTIONAL EXPENSES

                          Total

                          $106915 43014 30000 36000

                          943 7135

                          484 66557

                          110643 7844

                          16508 3750 1500 4267 1815 1591 4800

                          628 3015 1570

                          486216

                          $935195

                          Program Services

                          $106915 43014 30000

                          0 0 0 0

                          66557 110643

                          0 0 0 0 0

                          1815 0

                          4800 0 0 0

                          486216

                          $849960

                          Management and

                          General

                          $0 0 0

                          36000 943

                          7135 484

                          0 0

                          7844 16508 3750 1500 4267

                          0 1591

                          0 628

                          3015 1570

                          0

                          $85235

                          See Notes to Financial Statements Page 4

                          NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                          For the Year Ended December 312008

                          CASH PROVIDED (USED) BY

                          OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                          Amortization 484 Depreciation 66557

                          Prepaid Expenses 470 Accounts Payable 25731

                          NET OPERATING ACTIVITIES $587641

                          FINANCING ACTIVITIES Purchase of Equipment

                          NET FINANCING ACTIVITIES $(71810

                          INCREASE IN CASH AND CASH EQUIVALENTS $515831

                          CASH AND CASH EQUIVALENTS Beginning of Year 247307

                          End of Year $763138

                          SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                          Interest Taxes

                          $0 o

                          DISCLOSURE OF ACCOUNTING POLICY

                          For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                          See Notes to Financial Statements Page 5

                          NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                          December 312008

                          (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                          BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                          PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                          Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                          REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                          RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                          The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                          Page 6

                          NATIONAL ELEVATOR INDUSTRY INC NOTES

                          (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                          ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                          USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                          (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                          (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                          (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                          Page 7

                          National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                          WWWNEIIORG bull E-Mail infoneiiorg

                          NEII ASSOCIATION HEADQUARTERS

                          1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                          BOARD OF DIRECTORS MEETING April 7 2009

                          Code and Safety Consultantrsquos Report

                          1 Central Code Committee

                          11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                          12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                          Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                          Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                          2006) Facilities Subject to the Fair Housing Act (FHA)

                          Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                          General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                          US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                          Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                          Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                          The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                          The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                          13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                          15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                          bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                          The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                          17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                          18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                          bull Firefightersrsquo use and bull Occupant Evacuation

                          The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                          Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                          Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                          111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                          developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                          The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                          113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                          114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                          115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                          bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                          2 Government Affairs Committee

                          NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                          31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                          4 Performance Standards Committee

                          41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                          5 Safety Committee

                          51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                          bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                          52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                          53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                          54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                          6 Significant Code Developments

                          61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                          64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                          66 Elevator Code Activities

                          Some significant revisions to the ASME A171CSA B44 Code under consideration include

                          bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                          68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                          610 International Standards Committee

                          Current ISO Committee activities include

                          bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                          standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                          611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                          612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                          613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                          Respectfully submitted

                          Brian Black Code and Safety Consultant to NEII

                          NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                          1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                          2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                          3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                          the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                          to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                          APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                          November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                          Executive Summary

                          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                          escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                          2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                          General Information

                          bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                          soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                          Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                          and slidesrdquo (see Addendum A)

                          o This is the most recent news the CPSC has issued on the subject

                          Incidents and Responses

                          bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                          these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                          Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                          of how many of these cases go undocumented

                          bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                          escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                          The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                          bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                          blames the escalator industry and inattentive parents but argues that this could only be the case if the

                          same escalator had been involved in each incident

                          bull Several airports and other locations where these incidents are occurring are introducing new safety

                          measures in response to these types of incidents

                          o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                          public service announcement that airs every five minutes

                          o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                          moving stairways in the past several months

                          2

                          Lawsuits

                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                          coverage since May 1 2008 These include but are not limited to

                          o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                          o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                          Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                          bull The same attorney is handling all three aforementioned cases and has settled two other

                          cases with Crocs but refuses to comment on them

                          o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                          Crocs on an escalator in Japan was permanently injured and is now suing the company

                          Crocsrsquo Response

                          bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                          after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                          November of 2007

                          o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                          the clogs and contended that the riding behavior and escalator design and maintenance

                          caused the accidentsrdquo (See Addendum D)

                          o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                          requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                          whether this new design will be introduced in other countries as well or if the new shoes were a

                          direct result of authorities requirements in Japan (See Addendum E)

                          bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                          safety awareness initiative release in its press release section dated July 22 2008

                          bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                          aimed at elevator safety (Addendum F)

                          bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                          investigations No mention or results from these investigations have been concluded andor released to

                          the public yet

                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                          spring 2009 line (See Addendum G)

                          Please Note

                          For additional review purposes older articles and news clippings can be found at

                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                          many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                          hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                          3

                          Addendum A

                          NEWS from CPSC

                          US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                          FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                          CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                          Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                          WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                          The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                          Here are some steps you can take to prevent escalator injuries

                          bull Make sure shoes are tied before getting on an escalator

                          bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                          bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                          bull Do not bring children onto escalators in strollers walkers or carts

                          bull Always face forward and hold the handrail

                          bull Avoid the sides of steps where entrapment can occur

                          bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                          4

                          Addendum B

                          UPDATED 1029 pm August 01 2008

                          In 3 accidents soft shoes caught side of escalator

                          Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                          Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                          Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                          A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                          Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                          The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                          Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                          Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                          Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                          Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                          5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                          I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                          -- Staff writer John Perry contributed to this article

                          6

                          Addendum C

                          A photo and description from a Straits Times Paper

                          7

                          Addendum D

                          Addendum E Addendum E

                          8

                          Crocs sandals go on sale after firm makes them safer

                          The Yomiuri Shimbun

                          The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                          The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                          According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                          (Nov 2 2008)

                          9

                          Addendum F

                          10

                          Addendum G

                          Kids wearing croc sandals beware

                          Sat Oct 11 2008 The Straits Times

                          In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                          By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                          Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                          March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                          Executive Summary

                          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                          escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                          2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                          General Information

                          bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                          ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                          bloggers link to past stories appealing to a smaller more focused audience

                          Incidents and Responses

                          bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                          National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                          Inc for more than $75 million in damages

                          Lawsuits

                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                          coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                          o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                          Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                          his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                          Crocsrsquo Response

                          bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                          safety awareness initiative release in its press release section dated July 22 2008

                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                          spring 2009 line (See Addendum E)

                          2

                          Please Note

                          For additional review purposes older articles and news clippings can be found at

                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                          many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                          Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                          Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                          3

                          Addendum B

                          Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                          4

                          Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                          5

                          Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                          6

                          Addendum E

                          Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                          7

                          Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                          8

                          992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                          9

                          Addendum G

                          Croc Shoes News (blog)

                          Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                          Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                          10

                          if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                          11

                          Addendum H

                          MomLogic (blog) Should Crocs Be Banned

                          MONDAY MARCH 16 2009 filed under legal

                          A mom says shes suing Crocs to keep kids safe

                          Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                          Hes not the only one

                          When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                          According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                          From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                          There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                          What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                          I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                          Said Attorney Andrew M Laskin

                          Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                          12

                          In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                          That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                          Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                          The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                          Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                          Will this lawsuit stop you from buying Crocs for your kids

                          13

                          Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                          As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                          14

                          Addendum J Good things in life(blog)

                          Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                          httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                          15

                          Addendum K A blog entry that posted February 21 2009

                          Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                          • Agenda
                          • Attachment 1
                          • Attachment 2
                          • Attachment 3
                          • Attachment 4
                          • Attachment 5

                            NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF FUNCTIONAL EXPENSES

                            For the Year Ended December 31 2008

                            FUNCTIONAL EXPENSES Code Consultant Code Expenses ElevatorEscalator Safety Foundation Administrative Services Administrative Expenses Insurance Amortization Depreciation Advertising amp Public Relations Telephone Stationery Printing amp Supplies Legal Fees amp Professional Fees Dues amp Subscriptions Supplemental Pension Meeting Expense Postage amp Delivery Trust Consultant Travel Office Expense Trust Administration Lobbying Services

                            TOTAL FUNCTIONAL EXPENSES

                            Total

                            $106915 43014 30000 36000

                            943 7135

                            484 66557

                            110643 7844

                            16508 3750 1500 4267 1815 1591 4800

                            628 3015 1570

                            486216

                            $935195

                            Program Services

                            $106915 43014 30000

                            0 0 0 0

                            66557 110643

                            0 0 0 0 0

                            1815 0

                            4800 0 0 0

                            486216

                            $849960

                            Management and

                            General

                            $0 0 0

                            36000 943

                            7135 484

                            0 0

                            7844 16508 3750 1500 4267

                            0 1591

                            0 628

                            3015 1570

                            0

                            $85235

                            See Notes to Financial Statements Page 4

                            NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                            For the Year Ended December 312008

                            CASH PROVIDED (USED) BY

                            OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                            Amortization 484 Depreciation 66557

                            Prepaid Expenses 470 Accounts Payable 25731

                            NET OPERATING ACTIVITIES $587641

                            FINANCING ACTIVITIES Purchase of Equipment

                            NET FINANCING ACTIVITIES $(71810

                            INCREASE IN CASH AND CASH EQUIVALENTS $515831

                            CASH AND CASH EQUIVALENTS Beginning of Year 247307

                            End of Year $763138

                            SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                            Interest Taxes

                            $0 o

                            DISCLOSURE OF ACCOUNTING POLICY

                            For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                            See Notes to Financial Statements Page 5

                            NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                            December 312008

                            (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                            BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                            PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                            Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                            REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                            RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                            The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                            Page 6

                            NATIONAL ELEVATOR INDUSTRY INC NOTES

                            (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                            ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                            USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                            (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                            (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                            (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                            Page 7

                            National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                            WWWNEIIORG bull E-Mail infoneiiorg

                            NEII ASSOCIATION HEADQUARTERS

                            1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                            BOARD OF DIRECTORS MEETING April 7 2009

                            Code and Safety Consultantrsquos Report

                            1 Central Code Committee

                            11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                            12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                            Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                            Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                            2006) Facilities Subject to the Fair Housing Act (FHA)

                            Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                            General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                            US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                            Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                            Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                            The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                            The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                            13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                            15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                            bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                            The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                            17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                            18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                            bull Firefightersrsquo use and bull Occupant Evacuation

                            The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                            Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                            Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                            111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                            developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                            The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                            113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                            114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                            115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                            bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                            2 Government Affairs Committee

                            NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                            31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                            4 Performance Standards Committee

                            41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                            5 Safety Committee

                            51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                            bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                            52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                            53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                            54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                            6 Significant Code Developments

                            61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                            64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                            66 Elevator Code Activities

                            Some significant revisions to the ASME A171CSA B44 Code under consideration include

                            bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                            68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                            610 International Standards Committee

                            Current ISO Committee activities include

                            bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                            standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                            611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                            612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                            613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                            Respectfully submitted

                            Brian Black Code and Safety Consultant to NEII

                            NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                            1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                            2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                            3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                            the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                            to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                            APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                            November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                            Executive Summary

                            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                            escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                            2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                            General Information

                            bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                            soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                            Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                            and slidesrdquo (see Addendum A)

                            o This is the most recent news the CPSC has issued on the subject

                            Incidents and Responses

                            bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                            these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                            Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                            of how many of these cases go undocumented

                            bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                            escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                            The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                            bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                            blames the escalator industry and inattentive parents but argues that this could only be the case if the

                            same escalator had been involved in each incident

                            bull Several airports and other locations where these incidents are occurring are introducing new safety

                            measures in response to these types of incidents

                            o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                            public service announcement that airs every five minutes

                            o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                            moving stairways in the past several months

                            2

                            Lawsuits

                            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                            coverage since May 1 2008 These include but are not limited to

                            o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                            o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                            Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                            bull The same attorney is handling all three aforementioned cases and has settled two other

                            cases with Crocs but refuses to comment on them

                            o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                            Crocs on an escalator in Japan was permanently injured and is now suing the company

                            Crocsrsquo Response

                            bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                            after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                            November of 2007

                            o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                            the clogs and contended that the riding behavior and escalator design and maintenance

                            caused the accidentsrdquo (See Addendum D)

                            o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                            requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                            whether this new design will be introduced in other countries as well or if the new shoes were a

                            direct result of authorities requirements in Japan (See Addendum E)

                            bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                            safety awareness initiative release in its press release section dated July 22 2008

                            bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                            aimed at elevator safety (Addendum F)

                            bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                            investigations No mention or results from these investigations have been concluded andor released to

                            the public yet

                            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                            few months The company plans to have the educational hang tag fully implemented by the rollout of its

                            spring 2009 line (See Addendum G)

                            Please Note

                            For additional review purposes older articles and news clippings can be found at

                            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                            many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                            hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                            3

                            Addendum A

                            NEWS from CPSC

                            US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                            FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                            CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                            Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                            WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                            The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                            Here are some steps you can take to prevent escalator injuries

                            bull Make sure shoes are tied before getting on an escalator

                            bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                            bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                            bull Do not bring children onto escalators in strollers walkers or carts

                            bull Always face forward and hold the handrail

                            bull Avoid the sides of steps where entrapment can occur

                            bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                            4

                            Addendum B

                            UPDATED 1029 pm August 01 2008

                            In 3 accidents soft shoes caught side of escalator

                            Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                            Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                            Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                            A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                            Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                            The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                            Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                            Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                            Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                            Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                            5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                            I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                            -- Staff writer John Perry contributed to this article

                            6

                            Addendum C

                            A photo and description from a Straits Times Paper

                            7

                            Addendum D

                            Addendum E Addendum E

                            8

                            Crocs sandals go on sale after firm makes them safer

                            The Yomiuri Shimbun

                            The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                            The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                            According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                            (Nov 2 2008)

                            9

                            Addendum F

                            10

                            Addendum G

                            Kids wearing croc sandals beware

                            Sat Oct 11 2008 The Straits Times

                            In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                            By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                            Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                            March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                            Executive Summary

                            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                            escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                            2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                            General Information

                            bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                            ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                            bloggers link to past stories appealing to a smaller more focused audience

                            Incidents and Responses

                            bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                            National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                            Inc for more than $75 million in damages

                            Lawsuits

                            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                            coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                            o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                            Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                            his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                            Crocsrsquo Response

                            bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                            safety awareness initiative release in its press release section dated July 22 2008

                            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                            few months The company plans to have the educational hang tag fully implemented by the rollout of its

                            spring 2009 line (See Addendum E)

                            2

                            Please Note

                            For additional review purposes older articles and news clippings can be found at

                            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                            many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                            Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                            Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                            3

                            Addendum B

                            Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                            4

                            Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                            5

                            Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                            6

                            Addendum E

                            Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                            7

                            Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                            8

                            992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                            9

                            Addendum G

                            Croc Shoes News (blog)

                            Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                            Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                            10

                            if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                            11

                            Addendum H

                            MomLogic (blog) Should Crocs Be Banned

                            MONDAY MARCH 16 2009 filed under legal

                            A mom says shes suing Crocs to keep kids safe

                            Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                            Hes not the only one

                            When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                            According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                            From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                            There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                            What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                            I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                            Said Attorney Andrew M Laskin

                            Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                            12

                            In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                            That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                            Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                            The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                            Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                            Will this lawsuit stop you from buying Crocs for your kids

                            13

                            Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                            As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                            14

                            Addendum J Good things in life(blog)

                            Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                            httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                            15

                            Addendum K A blog entry that posted February 21 2009

                            Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                            • Agenda
                            • Attachment 1
                            • Attachment 2
                            • Attachment 3
                            • Attachment 4
                            • Attachment 5

                              NATIONAL ELEVATOR INDUSTRY INC STATEMENT OF CASH FLOWS

                              For the Year Ended December 312008

                              CASH PROVIDED (USED) BY

                              OPERATING ACTIVITIES Change in Net Assets $494399 Items not Affecting Cash

                              Amortization 484 Depreciation 66557

                              Prepaid Expenses 470 Accounts Payable 25731

                              NET OPERATING ACTIVITIES $587641

                              FINANCING ACTIVITIES Purchase of Equipment

                              NET FINANCING ACTIVITIES $(71810

                              INCREASE IN CASH AND CASH EQUIVALENTS $515831

                              CASH AND CASH EQUIVALENTS Beginning of Year 247307

                              End of Year $763138

                              SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for

                              Interest Taxes

                              $0 o

                              DISCLOSURE OF ACCOUNTING POLICY

                              For purposes of the Statement of Cash Flows the Organization considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivaients including restricted cash

                              See Notes to Financial Statements Page 5

                              NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                              December 312008

                              (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                              BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                              PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                              Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                              REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                              RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                              The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                              Page 6

                              NATIONAL ELEVATOR INDUSTRY INC NOTES

                              (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                              ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                              USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                              (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                              (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                              (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                              Page 7

                              National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                              WWWNEIIORG bull E-Mail infoneiiorg

                              NEII ASSOCIATION HEADQUARTERS

                              1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                              BOARD OF DIRECTORS MEETING April 7 2009

                              Code and Safety Consultantrsquos Report

                              1 Central Code Committee

                              11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                              12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                              Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                              Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                              2006) Facilities Subject to the Fair Housing Act (FHA)

                              Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                              General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                              US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                              Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                              Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                              The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                              The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                              13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                              15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                              bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                              The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                              17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                              18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                              bull Firefightersrsquo use and bull Occupant Evacuation

                              The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                              Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                              Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                              111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                              developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                              The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                              113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                              114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                              115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                              bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                              2 Government Affairs Committee

                              NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                              31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                              4 Performance Standards Committee

                              41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                              5 Safety Committee

                              51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                              bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                              52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                              53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                              54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                              6 Significant Code Developments

                              61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                              64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                              66 Elevator Code Activities

                              Some significant revisions to the ASME A171CSA B44 Code under consideration include

                              bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                              68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                              610 International Standards Committee

                              Current ISO Committee activities include

                              bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                              standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                              611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                              612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                              613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                              Respectfully submitted

                              Brian Black Code and Safety Consultant to NEII

                              NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                              1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                              2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                              3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                              the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                              to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                              APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                              November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                              Executive Summary

                              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                              escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                              2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                              General Information

                              bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                              soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                              Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                              and slidesrdquo (see Addendum A)

                              o This is the most recent news the CPSC has issued on the subject

                              Incidents and Responses

                              bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                              these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                              Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                              of how many of these cases go undocumented

                              bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                              escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                              The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                              bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                              blames the escalator industry and inattentive parents but argues that this could only be the case if the

                              same escalator had been involved in each incident

                              bull Several airports and other locations where these incidents are occurring are introducing new safety

                              measures in response to these types of incidents

                              o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                              public service announcement that airs every five minutes

                              o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                              moving stairways in the past several months

                              2

                              Lawsuits

                              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                              coverage since May 1 2008 These include but are not limited to

                              o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                              o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                              Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                              bull The same attorney is handling all three aforementioned cases and has settled two other

                              cases with Crocs but refuses to comment on them

                              o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                              Crocs on an escalator in Japan was permanently injured and is now suing the company

                              Crocsrsquo Response

                              bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                              after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                              November of 2007

                              o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                              the clogs and contended that the riding behavior and escalator design and maintenance

                              caused the accidentsrdquo (See Addendum D)

                              o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                              requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                              whether this new design will be introduced in other countries as well or if the new shoes were a

                              direct result of authorities requirements in Japan (See Addendum E)

                              bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                              safety awareness initiative release in its press release section dated July 22 2008

                              bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                              aimed at elevator safety (Addendum F)

                              bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                              investigations No mention or results from these investigations have been concluded andor released to

                              the public yet

                              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                              few months The company plans to have the educational hang tag fully implemented by the rollout of its

                              spring 2009 line (See Addendum G)

                              Please Note

                              For additional review purposes older articles and news clippings can be found at

                              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                              many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                              hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                              3

                              Addendum A

                              NEWS from CPSC

                              US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                              FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                              CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                              Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                              WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                              The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                              Here are some steps you can take to prevent escalator injuries

                              bull Make sure shoes are tied before getting on an escalator

                              bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                              bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                              bull Do not bring children onto escalators in strollers walkers or carts

                              bull Always face forward and hold the handrail

                              bull Avoid the sides of steps where entrapment can occur

                              bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                              4

                              Addendum B

                              UPDATED 1029 pm August 01 2008

                              In 3 accidents soft shoes caught side of escalator

                              Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                              Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                              Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                              A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                              Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                              The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                              Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                              Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                              Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                              Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                              5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                              I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                              -- Staff writer John Perry contributed to this article

                              6

                              Addendum C

                              A photo and description from a Straits Times Paper

                              7

                              Addendum D

                              Addendum E Addendum E

                              8

                              Crocs sandals go on sale after firm makes them safer

                              The Yomiuri Shimbun

                              The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                              The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                              According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                              (Nov 2 2008)

                              9

                              Addendum F

                              10

                              Addendum G

                              Kids wearing croc sandals beware

                              Sat Oct 11 2008 The Straits Times

                              In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                              By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                              Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                              March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                              Executive Summary

                              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                              escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                              2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                              General Information

                              bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                              ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                              bloggers link to past stories appealing to a smaller more focused audience

                              Incidents and Responses

                              bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                              National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                              Inc for more than $75 million in damages

                              Lawsuits

                              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                              coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                              o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                              Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                              his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                              Crocsrsquo Response

                              bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                              safety awareness initiative release in its press release section dated July 22 2008

                              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                              few months The company plans to have the educational hang tag fully implemented by the rollout of its

                              spring 2009 line (See Addendum E)

                              2

                              Please Note

                              For additional review purposes older articles and news clippings can be found at

                              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                              many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                              Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                              Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                              3

                              Addendum B

                              Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                              4

                              Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                              5

                              Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                              6

                              Addendum E

                              Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                              7

                              Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                              8

                              992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                              9

                              Addendum G

                              Croc Shoes News (blog)

                              Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                              Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                              10

                              if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                              11

                              Addendum H

                              MomLogic (blog) Should Crocs Be Banned

                              MONDAY MARCH 16 2009 filed under legal

                              A mom says shes suing Crocs to keep kids safe

                              Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                              Hes not the only one

                              When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                              According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                              From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                              There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                              What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                              I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                              Said Attorney Andrew M Laskin

                              Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                              12

                              In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                              That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                              Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                              The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                              Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                              Will this lawsuit stop you from buying Crocs for your kids

                              13

                              Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                              As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                              14

                              Addendum J Good things in life(blog)

                              Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                              httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                              15

                              Addendum K A blog entry that posted February 21 2009

                              Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                              • Agenda
                              • Attachment 1
                              • Attachment 2
                              • Attachment 3
                              • Attachment 4
                              • Attachment 5

                                NATIONAL ELEVATOR INDUSTRY INC NOTES TO FINANCIAL STATEMENTS

                                December 312008

                                (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of National Elevator Industry Inc (NEil) is presented to assist in understanding the Organizations financial statements The financial statements and notes are representations of the Organizations management which is responsible for its integrity and objectivity These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements

                                BUSINESS ACTIVITY NEil a national trade association headquartered in Salem NY is a not-for-profit Corporation organized to foster and promote the interests of its members in the area of short range transportation systems

                                PROPERTY AND EQUIPMENT Property and equipment are carried at cost Depreciation of property and equipment is computed using straight-line or accelerated methods at rates based on the estimated useful lives

                                Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized Expenditures for maintenance and repairs are charged to expense as incurred

                                REVENUE Revenue is reported on the accrual basis and consists primarily of membership assessments

                                RESTRICTIONS ON NET ASSETS The Organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that lim it the use of the donated assets When a donor restriction expires that is when a stipulated time restriction ends or purpose restriction is accomplished temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions

                                The Organization reports gifts of land buildings and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used Gifts of long-lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire longshylived assets are reported as restricted support Absent explicit donor stipulations about how long those long-lived assets must be maintained the Organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service

                                Page 6

                                NATIONAL ELEVATOR INDUSTRY INC NOTES

                                (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                                ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                                USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                                (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                                (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                                (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                                Page 7

                                National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                                WWWNEIIORG bull E-Mail infoneiiorg

                                NEII ASSOCIATION HEADQUARTERS

                                1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                                BOARD OF DIRECTORS MEETING April 7 2009

                                Code and Safety Consultantrsquos Report

                                1 Central Code Committee

                                11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                                12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                                Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                                Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                                2006) Facilities Subject to the Fair Housing Act (FHA)

                                Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                                General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                                US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                                Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                                Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                                The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                                The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                                13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                                15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                                bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                                The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                                17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                                18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                                bull Firefightersrsquo use and bull Occupant Evacuation

                                The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                                Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                                Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                                111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                2 Government Affairs Committee

                                NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                4 Performance Standards Committee

                                41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                5 Safety Committee

                                51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                6 Significant Code Developments

                                61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                66 Elevator Code Activities

                                Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                610 International Standards Committee

                                Current ISO Committee activities include

                                bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                Respectfully submitted

                                Brian Black Code and Safety Consultant to NEII

                                NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                Executive Summary

                                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                General Information

                                bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                and slidesrdquo (see Addendum A)

                                o This is the most recent news the CPSC has issued on the subject

                                Incidents and Responses

                                bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                of how many of these cases go undocumented

                                bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                same escalator had been involved in each incident

                                bull Several airports and other locations where these incidents are occurring are introducing new safety

                                measures in response to these types of incidents

                                o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                public service announcement that airs every five minutes

                                o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                moving stairways in the past several months

                                2

                                Lawsuits

                                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                coverage since May 1 2008 These include but are not limited to

                                o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                bull The same attorney is handling all three aforementioned cases and has settled two other

                                cases with Crocs but refuses to comment on them

                                o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                Crocs on an escalator in Japan was permanently injured and is now suing the company

                                Crocsrsquo Response

                                bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                November of 2007

                                o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                the clogs and contended that the riding behavior and escalator design and maintenance

                                caused the accidentsrdquo (See Addendum D)

                                o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                whether this new design will be introduced in other countries as well or if the new shoes were a

                                direct result of authorities requirements in Japan (See Addendum E)

                                bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                safety awareness initiative release in its press release section dated July 22 2008

                                bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                aimed at elevator safety (Addendum F)

                                bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                investigations No mention or results from these investigations have been concluded andor released to

                                the public yet

                                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                spring 2009 line (See Addendum G)

                                Please Note

                                For additional review purposes older articles and news clippings can be found at

                                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                3

                                Addendum A

                                NEWS from CPSC

                                US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                Here are some steps you can take to prevent escalator injuries

                                bull Make sure shoes are tied before getting on an escalator

                                bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                bull Do not bring children onto escalators in strollers walkers or carts

                                bull Always face forward and hold the handrail

                                bull Avoid the sides of steps where entrapment can occur

                                bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                4

                                Addendum B

                                UPDATED 1029 pm August 01 2008

                                In 3 accidents soft shoes caught side of escalator

                                Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                -- Staff writer John Perry contributed to this article

                                6

                                Addendum C

                                A photo and description from a Straits Times Paper

                                7

                                Addendum D

                                Addendum E Addendum E

                                8

                                Crocs sandals go on sale after firm makes them safer

                                The Yomiuri Shimbun

                                The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                (Nov 2 2008)

                                9

                                Addendum F

                                10

                                Addendum G

                                Kids wearing croc sandals beware

                                Sat Oct 11 2008 The Straits Times

                                In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                Executive Summary

                                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                General Information

                                bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                bloggers link to past stories appealing to a smaller more focused audience

                                Incidents and Responses

                                bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                Inc for more than $75 million in damages

                                Lawsuits

                                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                Crocsrsquo Response

                                bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                safety awareness initiative release in its press release section dated July 22 2008

                                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                spring 2009 line (See Addendum E)

                                2

                                Please Note

                                For additional review purposes older articles and news clippings can be found at

                                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                3

                                Addendum B

                                Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                4

                                Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                5

                                Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                6

                                Addendum E

                                Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                7

                                Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                8

                                992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                9

                                Addendum G

                                Croc Shoes News (blog)

                                Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                10

                                if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                11

                                Addendum H

                                MomLogic (blog) Should Crocs Be Banned

                                MONDAY MARCH 16 2009 filed under legal

                                A mom says shes suing Crocs to keep kids safe

                                Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                Hes not the only one

                                When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                Said Attorney Andrew M Laskin

                                Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                12

                                In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                Will this lawsuit stop you from buying Crocs for your kids

                                13

                                Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                14

                                Addendum J Good things in life(blog)

                                Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                15

                                Addendum K A blog entry that posted February 21 2009

                                Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                • Agenda
                                • Attachment 1
                                • Attachment 2
                                • Attachment 3
                                • Attachment 4
                                • Attachment 5

                                  NATIONAL ELEVATOR INDUSTRY INC NOTES

                                  (A) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ORGANIZATION NEil is an organization exempt from income tax under Section 501 (c) (6) of the Internal Revenue Code

                                  ADVERTISING Advertising costs are expensed as incurred Advertising expense for the year ended December 312008 was $110643

                                  USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period Actual results could differ from those estimates

                                  (8) INVESTMENT IN ANNUITIESSUPPLEMENTAL PENSION The Organization has purchased single premium annuity contracts on the lives of two of its former employees The cash flows generated from one of these investments is used to provide a post retirement payment to a former employee in consideration for past services The amount earned from the annuity and the corresponding expense has been recorded on the Statements of Activities and Functional Expenses The other annuity agreement calls for payments to be made directly to the former employee by the insurance company The annuities which have been recorded at cost are being amortized over the expected remaining lives of the annuitants

                                  (C) RELATED PARTY TRANSACTIONS The Organization conducts business with Edward A Donoghue Associates Inc whose President is the Secretary of NEIl The total amount expensed by NEil for services in 2008 is $67532 This has been allocated to various expense accounts including but not limited to Code Consultant Code Expenses and Administrative Services

                                  (D) CONCENTRATION OF CREDIT RISK The Company occasionally maintains deposits in excess of federally insured limits Statement of Financial Accounting Standards No1 05 identifies these items as a concentration of credit risk requiring disclosure regardless of degree of risk The risk is managed by maintaining all deposits in high quality financial institutions and IJsing repurchase agreements

                                  Page 7

                                  National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                                  WWWNEIIORG bull E-Mail infoneiiorg

                                  NEII ASSOCIATION HEADQUARTERS

                                  1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                                  BOARD OF DIRECTORS MEETING April 7 2009

                                  Code and Safety Consultantrsquos Report

                                  1 Central Code Committee

                                  11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                                  12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                                  Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                                  Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                                  2006) Facilities Subject to the Fair Housing Act (FHA)

                                  Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                                  General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                                  US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                                  Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                                  Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                                  The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                                  The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                                  13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                                  15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                                  bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                                  The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                                  17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                                  18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                                  bull Firefightersrsquo use and bull Occupant Evacuation

                                  The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                                  Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                                  Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                                  111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                  developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                  The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                  113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                  114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                  115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                  bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                  2 Government Affairs Committee

                                  NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                  31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                  4 Performance Standards Committee

                                  41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                  5 Safety Committee

                                  51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                  bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                  52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                  53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                  54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                  6 Significant Code Developments

                                  61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                  64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                  66 Elevator Code Activities

                                  Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                  bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                  68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                  610 International Standards Committee

                                  Current ISO Committee activities include

                                  bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                  standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                  611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                  612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                  613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                  Respectfully submitted

                                  Brian Black Code and Safety Consultant to NEII

                                  NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                  1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                  2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                  3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                  the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                  to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                  APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                  November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                  Executive Summary

                                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                  escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                  2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                  General Information

                                  bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                  soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                  Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                  and slidesrdquo (see Addendum A)

                                  o This is the most recent news the CPSC has issued on the subject

                                  Incidents and Responses

                                  bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                  these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                  Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                  of how many of these cases go undocumented

                                  bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                  escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                  The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                  bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                  blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                  same escalator had been involved in each incident

                                  bull Several airports and other locations where these incidents are occurring are introducing new safety

                                  measures in response to these types of incidents

                                  o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                  public service announcement that airs every five minutes

                                  o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                  moving stairways in the past several months

                                  2

                                  Lawsuits

                                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                  coverage since May 1 2008 These include but are not limited to

                                  o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                  o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                  Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                  bull The same attorney is handling all three aforementioned cases and has settled two other

                                  cases with Crocs but refuses to comment on them

                                  o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                  Crocs on an escalator in Japan was permanently injured and is now suing the company

                                  Crocsrsquo Response

                                  bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                  after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                  November of 2007

                                  o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                  the clogs and contended that the riding behavior and escalator design and maintenance

                                  caused the accidentsrdquo (See Addendum D)

                                  o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                  requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                  whether this new design will be introduced in other countries as well or if the new shoes were a

                                  direct result of authorities requirements in Japan (See Addendum E)

                                  bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                  safety awareness initiative release in its press release section dated July 22 2008

                                  bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                  aimed at elevator safety (Addendum F)

                                  bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                  investigations No mention or results from these investigations have been concluded andor released to

                                  the public yet

                                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                  spring 2009 line (See Addendum G)

                                  Please Note

                                  For additional review purposes older articles and news clippings can be found at

                                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                  many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                  hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                  3

                                  Addendum A

                                  NEWS from CPSC

                                  US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                  FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                  CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                  Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                  WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                  The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                  Here are some steps you can take to prevent escalator injuries

                                  bull Make sure shoes are tied before getting on an escalator

                                  bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                  bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                  bull Do not bring children onto escalators in strollers walkers or carts

                                  bull Always face forward and hold the handrail

                                  bull Avoid the sides of steps where entrapment can occur

                                  bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                  4

                                  Addendum B

                                  UPDATED 1029 pm August 01 2008

                                  In 3 accidents soft shoes caught side of escalator

                                  Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                  Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                  Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                  A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                  Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                  The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                  Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                  Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                  Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                  Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                  5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                  I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                  -- Staff writer John Perry contributed to this article

                                  6

                                  Addendum C

                                  A photo and description from a Straits Times Paper

                                  7

                                  Addendum D

                                  Addendum E Addendum E

                                  8

                                  Crocs sandals go on sale after firm makes them safer

                                  The Yomiuri Shimbun

                                  The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                  The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                  According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                  (Nov 2 2008)

                                  9

                                  Addendum F

                                  10

                                  Addendum G

                                  Kids wearing croc sandals beware

                                  Sat Oct 11 2008 The Straits Times

                                  In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                  By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                  Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                  March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                  Executive Summary

                                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                  escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                  2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                  General Information

                                  bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                  ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                  bloggers link to past stories appealing to a smaller more focused audience

                                  Incidents and Responses

                                  bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                  National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                  Inc for more than $75 million in damages

                                  Lawsuits

                                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                  coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                  o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                  Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                  his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                  Crocsrsquo Response

                                  bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                  safety awareness initiative release in its press release section dated July 22 2008

                                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                  spring 2009 line (See Addendum E)

                                  2

                                  Please Note

                                  For additional review purposes older articles and news clippings can be found at

                                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                  many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                  Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                  Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                  3

                                  Addendum B

                                  Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                  4

                                  Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                  5

                                  Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                  6

                                  Addendum E

                                  Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                  7

                                  Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                  8

                                  992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                  9

                                  Addendum G

                                  Croc Shoes News (blog)

                                  Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                  Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                  10

                                  if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                  11

                                  Addendum H

                                  MomLogic (blog) Should Crocs Be Banned

                                  MONDAY MARCH 16 2009 filed under legal

                                  A mom says shes suing Crocs to keep kids safe

                                  Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                  Hes not the only one

                                  When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                  According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                  From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                  There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                  What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                  I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                  Said Attorney Andrew M Laskin

                                  Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                  12

                                  In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                  That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                  Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                  The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                  Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                  Will this lawsuit stop you from buying Crocs for your kids

                                  13

                                  Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                  As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                  14

                                  Addendum J Good things in life(blog)

                                  Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                  httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                  15

                                  Addendum K A blog entry that posted February 21 2009

                                  Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                  • Agenda
                                  • Attachment 1
                                  • Attachment 2
                                  • Attachment 3
                                  • Attachment 4
                                  • Attachment 5

                                    National Elevator Industry Inc CODE amp SAFETY OFFICE 47 Leicester Street bull Perry New York 14530 bull Office 5853020813 Fax 5853020841

                                    WWWNEIIORG bull E-Mail infoneiiorg

                                    NEII ASSOCIATION HEADQUARTERS

                                    1677 County Route 64 bull PO Box 838 bull Salem New York 12865-0838 bull 5188543100 Fax 518-854-3257

                                    BOARD OF DIRECTORS MEETING April 7 2009

                                    Code and Safety Consultantrsquos Report

                                    1 Central Code Committee

                                    11 NEII Representation on Codes and Standards Committees NEII continues to participate in the codes and standards committees of ASME ICC NFPA and other code development bodies with Brian Black serving on the majority of these as NEIIrsquos Code and Safety Consultant

                                    12 Accessibility Except for the US Department of Defense the status of the US government accessibility requirements in effect remain virtually unchanged since the last NEII Board of Directorsrsquo meeting in September 2008

                                    Agency Applicable Regulations Facilities Subject to the Americans with Disabilities Act (ADA)

                                    Department of Transportation 2004 ADA Accessibility Guidelines Department of Justice 1991 ADA Accessibility Guidelines (effective November

                                    2006) Facilities Subject to the Fair Housing Act (FHA)

                                    Department of Housing and Urban Development 1991 Fair Housing Accessibility Guidelines Facilities Subject to the Architectural Barriers Act (ABA) ndash federally funded projects

                                    General Services Administration 2004 ABA Accessibility Guidelines (effective May 2006 February 2007 for leased facilities)

                                    US Postal Service 2004 ABA Accessibility Guidelines (effective October 2005)

                                    Department of Defense 2004 ABA Accessibility Guidelines (effective December 2008)

                                    Department of Housing and Urban Development 1984 Uniform Federal Accessibility Standards

                                    The Department of Justice ADA regulations apply to most private and public sector construction in the US On January 22 2009 the Department withdrew its Notice of Proposed Rulemaking (NPRM) to update its regulations to reference the 2004 ADA Accessibility Guidelines Withdrawing proposed regulations is pro forma for Executive departments and agencies when there is a change of administration and it is unclear 1) whether any changes will be made and 2) when a NPRM will be issued

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                                    The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                                    13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                                    15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                                    bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                                    The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                                    17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                                    18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                                    bull Firefightersrsquo use and bull Occupant Evacuation

                                    The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                                    Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                                    Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                                    111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                    developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                    The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                    113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                    114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                    115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                    bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                    2 Government Affairs Committee

                                    NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                    31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                    4 Performance Standards Committee

                                    41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                    5 Safety Committee

                                    51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                    bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                    52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                    53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                    54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                    6 Significant Code Developments

                                    61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                    64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                    66 Elevator Code Activities

                                    Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                    bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                    68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                    610 International Standards Committee

                                    Current ISO Committee activities include

                                    bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                    standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                    611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                    612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                    613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                    Respectfully submitted

                                    Brian Black Code and Safety Consultant to NEII

                                    NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                    1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                    2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                    3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                    the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                    to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                    APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                    November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                    Executive Summary

                                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                    escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                    2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                    General Information

                                    bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                    soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                    Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                    and slidesrdquo (see Addendum A)

                                    o This is the most recent news the CPSC has issued on the subject

                                    Incidents and Responses

                                    bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                    these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                    Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                    of how many of these cases go undocumented

                                    bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                    escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                    The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                    bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                    blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                    same escalator had been involved in each incident

                                    bull Several airports and other locations where these incidents are occurring are introducing new safety

                                    measures in response to these types of incidents

                                    o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                    public service announcement that airs every five minutes

                                    o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                    moving stairways in the past several months

                                    2

                                    Lawsuits

                                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                    coverage since May 1 2008 These include but are not limited to

                                    o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                    o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                    Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                    bull The same attorney is handling all three aforementioned cases and has settled two other

                                    cases with Crocs but refuses to comment on them

                                    o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                    Crocs on an escalator in Japan was permanently injured and is now suing the company

                                    Crocsrsquo Response

                                    bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                    after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                    November of 2007

                                    o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                    the clogs and contended that the riding behavior and escalator design and maintenance

                                    caused the accidentsrdquo (See Addendum D)

                                    o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                    requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                    whether this new design will be introduced in other countries as well or if the new shoes were a

                                    direct result of authorities requirements in Japan (See Addendum E)

                                    bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                    safety awareness initiative release in its press release section dated July 22 2008

                                    bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                    aimed at elevator safety (Addendum F)

                                    bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                    investigations No mention or results from these investigations have been concluded andor released to

                                    the public yet

                                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                    spring 2009 line (See Addendum G)

                                    Please Note

                                    For additional review purposes older articles and news clippings can be found at

                                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                    many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                    hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                    3

                                    Addendum A

                                    NEWS from CPSC

                                    US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                    FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                    CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                    Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                    WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                    The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                    Here are some steps you can take to prevent escalator injuries

                                    bull Make sure shoes are tied before getting on an escalator

                                    bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                    bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                    bull Do not bring children onto escalators in strollers walkers or carts

                                    bull Always face forward and hold the handrail

                                    bull Avoid the sides of steps where entrapment can occur

                                    bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                    4

                                    Addendum B

                                    UPDATED 1029 pm August 01 2008

                                    In 3 accidents soft shoes caught side of escalator

                                    Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                    Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                    Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                    A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                    Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                    The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                    Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                    Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                    Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                    Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                    5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                    I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                    -- Staff writer John Perry contributed to this article

                                    6

                                    Addendum C

                                    A photo and description from a Straits Times Paper

                                    7

                                    Addendum D

                                    Addendum E Addendum E

                                    8

                                    Crocs sandals go on sale after firm makes them safer

                                    The Yomiuri Shimbun

                                    The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                    The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                    According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                    (Nov 2 2008)

                                    9

                                    Addendum F

                                    10

                                    Addendum G

                                    Kids wearing croc sandals beware

                                    Sat Oct 11 2008 The Straits Times

                                    In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                    By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                    Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                    March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                    Executive Summary

                                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                    escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                    2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                    General Information

                                    bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                    ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                    bloggers link to past stories appealing to a smaller more focused audience

                                    Incidents and Responses

                                    bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                    National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                    Inc for more than $75 million in damages

                                    Lawsuits

                                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                    coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                    o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                    Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                    his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                    Crocsrsquo Response

                                    bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                    safety awareness initiative release in its press release section dated July 22 2008

                                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                    spring 2009 line (See Addendum E)

                                    2

                                    Please Note

                                    For additional review purposes older articles and news clippings can be found at

                                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                    many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                    Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                    Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                    3

                                    Addendum B

                                    Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                    4

                                    Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                    5

                                    Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                    6

                                    Addendum E

                                    Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                    7

                                    Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                    8

                                    992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                    9

                                    Addendum G

                                    Croc Shoes News (blog)

                                    Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                    Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                    10

                                    if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                    11

                                    Addendum H

                                    MomLogic (blog) Should Crocs Be Banned

                                    MONDAY MARCH 16 2009 filed under legal

                                    A mom says shes suing Crocs to keep kids safe

                                    Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                    Hes not the only one

                                    When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                    According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                    From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                    There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                    What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                    I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                    Said Attorney Andrew M Laskin

                                    Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                    12

                                    In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                    That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                    Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                    The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                    Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                    Will this lawsuit stop you from buying Crocs for your kids

                                    13

                                    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                    14

                                    Addendum J Good things in life(blog)

                                    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                    15

                                    Addendum K A blog entry that posted February 21 2009

                                    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                    • Agenda
                                    • Attachment 1
                                    • Attachment 2
                                    • Attachment 3
                                    • Attachment 4
                                    • Attachment 5

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 2

                                      The update of the ICCANSI A1171-2003 standard is almost complete and a publication date of 2009 is expected for the new edition No significant changes affecting elevators have been approved as NEII was able to convince the committee to reject a number of unfavorable proposals We serve on the Editorial Committee and are hoping to add clarifying text and figures to the standard particularly for destination-dispatch elevators The CSA B44 Committee is continuing its review of the Appendix E accessibility requirements to harmonize with ICCANSI A1171-2003 Last NEII has been extensively involved in deliberations in San Francisco that would significantly augment the accessibility requirements for destination dispatch elevator systems Working with both our Area Code Committee members and a lobbyist from Greenberg Traurig we have attempted to hold the line on these deliberations to keep the requirements similar to the national provisions found in ICCANSI A1171-2003 Results have been mixed and the city has indicated that it intends to publish its ldquoimprovedrdquo requirements later this year Concurrently the California State Architectrsquos Office has announced its intent to establish a task force to study accessibility enhancements for destination systems on a state level

                                      13 Local Elevator Codes North Carolina Iowa New Hampshire Ontario and Newfoundland have adopted the ASME A177-2007CSA B447-07 Performance Based Safety Code Ohio has indicated its intent to do so in the near future California has adopted the ICC International Building Code and ASME A171-2004 although it has retained its old Title 24 accessibility requirements for elevators (see item 12 for a discussion of destination dispatch developments) Illinois has adopted ASME A171-2004 with the ASME A171a-2005 and ASME A171s-2005 supplements and Chicago is in the process of adopting ASME A171-2007 NEII and Stateside Associates have been meeting with officials in Chicago to discuss a direct adoption of ASME A177-2007 An emerging concern involves jurisdictions that have adopted ASME A171-2007CSA B44-07 without amendments but do not acknowledge the resulting adoption of ASME A177-2007CSA B447-07 by reference The committee is discussing meeting with these jurisdictions to encourage recognition of the Performance Based Code 14 Electrical Codes The 2008 edition of the National Electrical Codereg is published and available A summary of changes in the 2008 edition has been posted on the NEII website in the membersrsquo area NEII will be submitting two proposed code changes for the 2011 edition The current Canadian Electrical Code is the 2006 edition A new edition will be available shortly with only changes to the numbering system while there is a plan to incorporate the NECreg changes in the 2009 Canadian Electrical Code A summary of the codersquos elevator requirements will be published on the NEII website

                                      15 Code Requirements for Inspection and Tests The ASME A17 Standards Committee approved a proposal containing alternatives to current inspection and testing practices procedures and frequencies which included

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                                      bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                                      The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                                      17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                                      18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                                      bull Firefightersrsquo use and bull Occupant Evacuation

                                      The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                                      Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                                      Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                                      111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                      developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                      The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                      113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                      114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                      115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                      bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                      2 Government Affairs Committee

                                      NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                      31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                      4 Performance Standards Committee

                                      41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                      5 Safety Committee

                                      51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                      bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                      52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                      53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                      54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                      6 Significant Code Developments

                                      61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                      64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                      66 Elevator Code Activities

                                      Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                      bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                      68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                      610 International Standards Committee

                                      Current ISO Committee activities include

                                      bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                      standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                      NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                      611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                      612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                      613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                      Respectfully submitted

                                      Brian Black Code and Safety Consultant to NEII

                                      NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                      1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                      2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                      3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                      the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                      to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                      APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                      November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                      Executive Summary

                                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                      escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                      2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                      General Information

                                      bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                      soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                      Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                      and slidesrdquo (see Addendum A)

                                      o This is the most recent news the CPSC has issued on the subject

                                      Incidents and Responses

                                      bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                      these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                      Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                      of how many of these cases go undocumented

                                      bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                      escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                      The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                      bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                      blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                      same escalator had been involved in each incident

                                      bull Several airports and other locations where these incidents are occurring are introducing new safety

                                      measures in response to these types of incidents

                                      o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                      public service announcement that airs every five minutes

                                      o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                      moving stairways in the past several months

                                      2

                                      Lawsuits

                                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                      coverage since May 1 2008 These include but are not limited to

                                      o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                      o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                      Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                      bull The same attorney is handling all three aforementioned cases and has settled two other

                                      cases with Crocs but refuses to comment on them

                                      o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                      Crocs on an escalator in Japan was permanently injured and is now suing the company

                                      Crocsrsquo Response

                                      bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                      after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                      November of 2007

                                      o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                      the clogs and contended that the riding behavior and escalator design and maintenance

                                      caused the accidentsrdquo (See Addendum D)

                                      o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                      requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                      whether this new design will be introduced in other countries as well or if the new shoes were a

                                      direct result of authorities requirements in Japan (See Addendum E)

                                      bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                      safety awareness initiative release in its press release section dated July 22 2008

                                      bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                      aimed at elevator safety (Addendum F)

                                      bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                      investigations No mention or results from these investigations have been concluded andor released to

                                      the public yet

                                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                      spring 2009 line (See Addendum G)

                                      Please Note

                                      For additional review purposes older articles and news clippings can be found at

                                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                      many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                      hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                      3

                                      Addendum A

                                      NEWS from CPSC

                                      US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                      FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                      CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                      Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                      WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                      The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                      Here are some steps you can take to prevent escalator injuries

                                      bull Make sure shoes are tied before getting on an escalator

                                      bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                      bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                      bull Do not bring children onto escalators in strollers walkers or carts

                                      bull Always face forward and hold the handrail

                                      bull Avoid the sides of steps where entrapment can occur

                                      bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                      4

                                      Addendum B

                                      UPDATED 1029 pm August 01 2008

                                      In 3 accidents soft shoes caught side of escalator

                                      Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                      Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                      Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                      A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                      Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                      The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                      Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                      Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                      Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                      Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                      5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                      I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                      -- Staff writer John Perry contributed to this article

                                      6

                                      Addendum C

                                      A photo and description from a Straits Times Paper

                                      7

                                      Addendum D

                                      Addendum E Addendum E

                                      8

                                      Crocs sandals go on sale after firm makes them safer

                                      The Yomiuri Shimbun

                                      The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                      The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                      According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                      (Nov 2 2008)

                                      9

                                      Addendum F

                                      10

                                      Addendum G

                                      Kids wearing croc sandals beware

                                      Sat Oct 11 2008 The Straits Times

                                      In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                      By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                      Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                      March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                      Executive Summary

                                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                      escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                      2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                      General Information

                                      bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                      ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                      bloggers link to past stories appealing to a smaller more focused audience

                                      Incidents and Responses

                                      bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                      National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                      Inc for more than $75 million in damages

                                      Lawsuits

                                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                      coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                      o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                      Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                      his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                      Crocsrsquo Response

                                      bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                      safety awareness initiative release in its press release section dated July 22 2008

                                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                      spring 2009 line (See Addendum E)

                                      2

                                      Please Note

                                      For additional review purposes older articles and news clippings can be found at

                                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                      many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                      Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                      Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                      3

                                      Addendum B

                                      Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                      4

                                      Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                      5

                                      Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                      6

                                      Addendum E

                                      Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                      7

                                      Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                      8

                                      992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                      9

                                      Addendum G

                                      Croc Shoes News (blog)

                                      Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                      Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                      10

                                      if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                      11

                                      Addendum H

                                      MomLogic (blog) Should Crocs Be Banned

                                      MONDAY MARCH 16 2009 filed under legal

                                      A mom says shes suing Crocs to keep kids safe

                                      Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                      Hes not the only one

                                      When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                      According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                      From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                      There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                      What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                      I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                      Said Attorney Andrew M Laskin

                                      Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                      12

                                      In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                      That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                      Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                      The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                      Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                      Will this lawsuit stop you from buying Crocs for your kids

                                      13

                                      Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                      As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                      14

                                      Addendum J Good things in life(blog)

                                      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                      15

                                      Addendum K A blog entry that posted February 21 2009

                                      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                      • Agenda
                                      • Attachment 1
                                      • Attachment 2
                                      • Attachment 3
                                      • Attachment 4
                                      • Attachment 5

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 3

                                        bull making all tests a maintenance function not an inspection function bull basing inspection frequencies on a risk analysis bull permitting equipment monitoring in lieu of on-site inspections for monitored equipment

                                        The changes are in the first Addenda to ASME A171-2007CSA B44-07 issued December 5 2008 16 Seismic Activities The NEII Seismic Task Force continues to analyze the seismic requirements of ASME A171CSA B44 and the ICC International Building Code with the goal of harmonizing the seismic requirements The latter references ASCE 7 Minimum Design Loads for Buildings and Other Structures A current TN that would rewrite all of Section 84 of the code to realize this harmonization is currently under consideration

                                        17 NEII Area Code Committees At its January 2009 meeting the committee members discussed ways to make the Area Code Committees more effective This will remain an agenda item for future meetings The Area Code Committee rosters are available in the membersrsquo area on the NEII web site Membersrsquo can be identified and contacted directly from the Area Code Committee web page The members of the NEII Area Code Committee also have access to a secure page where NEII policies etc can be found along with a form to bring issues to the attention of the NEII office The NEII Area Code Committees have the potential to become the first line of defense to identify proposed legislation and regulations at the state and local level They also should be actively pursuing the adoption of the latest editions without local modifications of ASME A171CSA B44 ASME A173 ASME A177CSA B447 IBC NECreg etc

                                        18 Use of Elevators in Fires The NEII position on the use of elevators in fires and other emergencies is posted on the Board of Directors and Central Code Committee web pages On October 26 2005 The National Institute of Standards and Technology (NIST) released its final report on the world Trade Center investigation NIST has also hired the National Institute of Building Sciences (NIBS) to turn its World Trade Center (WTC) recommendations into code change proposals for ICC and NFPA NIST is urging the building and fire safety communities give ldquoimmediate and seriousrdquo consideration to implementing the recommendations The ASME A17 Committee has two task groups reviewing elevator operation in fires and other emergencies

                                        bull Firefightersrsquo use and bull Occupant Evacuation

                                        The task groups are completing hazard analyses for their respective topics The Firefightersrsquo Use Task Group is almost complete the Occupant Evacuation Task Group should complete its hazard analysis by this summer

                                        Original plans were that once the hazard analyses were completed the task groups would prepare code revisions for both ASME A171CSA B44 and the model building codes (ICC International Building Code NFPA 1015000) These plans changed when NIST and the US General Services Administration (GSA) introduced Fire Service Access Elevator requirements into the ICC and NFPA

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                                        Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                                        111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                        developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                        The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                        113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                        114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                        115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                        bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                        2 Government Affairs Committee

                                        NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                        31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                        4 Performance Standards Committee

                                        41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                        5 Safety Committee

                                        51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                        bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                        52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                        53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                        54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                        6 Significant Code Developments

                                        61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                        64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                        66 Elevator Code Activities

                                        Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                        bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                        68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                        610 International Standards Committee

                                        Current ISO Committee activities include

                                        bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                        standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                        NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                        611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                        612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                        613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                        Respectfully submitted

                                        Brian Black Code and Safety Consultant to NEII

                                        NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                        1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                        2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                        3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                        the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                        to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                        APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                        November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                        Executive Summary

                                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                        escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                        2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                        General Information

                                        bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                        soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                        Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                        and slidesrdquo (see Addendum A)

                                        o This is the most recent news the CPSC has issued on the subject

                                        Incidents and Responses

                                        bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                        these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                        Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                        of how many of these cases go undocumented

                                        bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                        escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                        The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                        bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                        blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                        same escalator had been involved in each incident

                                        bull Several airports and other locations where these incidents are occurring are introducing new safety

                                        measures in response to these types of incidents

                                        o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                        public service announcement that airs every five minutes

                                        o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                        moving stairways in the past several months

                                        2

                                        Lawsuits

                                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                        coverage since May 1 2008 These include but are not limited to

                                        o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                        o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                        Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                        bull The same attorney is handling all three aforementioned cases and has settled two other

                                        cases with Crocs but refuses to comment on them

                                        o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                        Crocs on an escalator in Japan was permanently injured and is now suing the company

                                        Crocsrsquo Response

                                        bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                        after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                        November of 2007

                                        o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                        the clogs and contended that the riding behavior and escalator design and maintenance

                                        caused the accidentsrdquo (See Addendum D)

                                        o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                        requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                        whether this new design will be introduced in other countries as well or if the new shoes were a

                                        direct result of authorities requirements in Japan (See Addendum E)

                                        bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                        safety awareness initiative release in its press release section dated July 22 2008

                                        bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                        aimed at elevator safety (Addendum F)

                                        bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                        investigations No mention or results from these investigations have been concluded andor released to

                                        the public yet

                                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                        spring 2009 line (See Addendum G)

                                        Please Note

                                        For additional review purposes older articles and news clippings can be found at

                                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                        many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                        hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                        3

                                        Addendum A

                                        NEWS from CPSC

                                        US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                        FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                        CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                        Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                        WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                        The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                        Here are some steps you can take to prevent escalator injuries

                                        bull Make sure shoes are tied before getting on an escalator

                                        bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                        bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                        bull Do not bring children onto escalators in strollers walkers or carts

                                        bull Always face forward and hold the handrail

                                        bull Avoid the sides of steps where entrapment can occur

                                        bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                        4

                                        Addendum B

                                        UPDATED 1029 pm August 01 2008

                                        In 3 accidents soft shoes caught side of escalator

                                        Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                        Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                        Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                        A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                        Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                        The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                        Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                        Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                        Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                        Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                        5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                        I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                        -- Staff writer John Perry contributed to this article

                                        6

                                        Addendum C

                                        A photo and description from a Straits Times Paper

                                        7

                                        Addendum D

                                        Addendum E Addendum E

                                        8

                                        Crocs sandals go on sale after firm makes them safer

                                        The Yomiuri Shimbun

                                        The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                        The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                        According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                        (Nov 2 2008)

                                        9

                                        Addendum F

                                        10

                                        Addendum G

                                        Kids wearing croc sandals beware

                                        Sat Oct 11 2008 The Straits Times

                                        In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                        By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                        Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                        March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                        Executive Summary

                                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                        escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                        2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                        General Information

                                        bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                        ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                        bloggers link to past stories appealing to a smaller more focused audience

                                        Incidents and Responses

                                        bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                        National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                        Inc for more than $75 million in damages

                                        Lawsuits

                                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                        coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                        o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                        Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                        his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                        Crocsrsquo Response

                                        bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                        safety awareness initiative release in its press release section dated July 22 2008

                                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                        spring 2009 line (See Addendum E)

                                        2

                                        Please Note

                                        For additional review purposes older articles and news clippings can be found at

                                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                        many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                        Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                        Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                        3

                                        Addendum B

                                        Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                        4

                                        Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                        5

                                        Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                        6

                                        Addendum E

                                        Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                        7

                                        Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                        8

                                        992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                        9

                                        Addendum G

                                        Croc Shoes News (blog)

                                        Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                        Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                        10

                                        if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                        11

                                        Addendum H

                                        MomLogic (blog) Should Crocs Be Banned

                                        MONDAY MARCH 16 2009 filed under legal

                                        A mom says shes suing Crocs to keep kids safe

                                        Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                        Hes not the only one

                                        When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                        According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                        From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                        There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                        What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                        I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                        Said Attorney Andrew M Laskin

                                        Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                        12

                                        In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                        That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                        Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                        The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                        Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                        Will this lawsuit stop you from buying Crocs for your kids

                                        13

                                        Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                        As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                        14

                                        Addendum J Good things in life(blog)

                                        Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                        httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                        15

                                        Addendum K A blog entry that posted February 21 2009

                                        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                        • Agenda
                                        • Attachment 1
                                        • Attachment 2
                                        • Attachment 3
                                        • Attachment 4
                                        • Attachment 5

                                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 4

                                          Codes Occupant Evacuation Elevators are in the NFPA 5000 Building Code This is not of great concern as this code has not been adopted by any major jurisdictions in the US The 2009 ICC International Building Code now has requirements for Occupation Evacuation Elevators as well The code does not require Occupant Evacuation Elevators in any building but merely establishes uniform requirements for such installations Proposals submitted by NEII the International Association of Fire Fighters and the Fire Safety Directors Association of Greater New York that were approved in the ICC Final Hearings in September made significant improvements to the provisions originally proposed by the US General Service Administration An unrelated change to the International Building Code that requires a third exit stair in buildings over 450 feet in height was approved in 2007 Unfortunately a proposal to link this to Occupant Evacuation Elevators by providing an exception for the third stair where such elevator systems are installed was approved in the Final Hearings in September This trade-off provides an incentive to designers to install Occupant Evacuation Elevators in tall buildings and while this is not problematic in itself it is contrary to the NEII policy that these types of elevator systems should never supplant required exit stairs The greatest outstanding problem remains that the ASME A171CSA B44 code has no requirements to complement the building code requirements Essentially our elevators do not ldquoknowrdquo they may be used for evacuation during a pre-Phase I fire incident The Task Group is developing changes to the code to be submitted to the A17 Emergency Operations Committee for consideration and processing 19 ICC International Building Code The 2009 International Building Code includes NEIIrsquos amendment to the requirements for elevator cars to accommodate an ambulance stretcher The change allows for rounded corners on a 24-inch by 84-inch stretcher that effectively permits 3500 lb cars to serve this function The ICC staff advisory opinion that supportrsquos our position that rounded corners are recognized by the 2006 code text is posted on the member and public areas of the NEII website 110 NFPA 1015000 The ASTM E 06-77 standard was approved for inclusion in the NFPA codesrsquo requirements for Platform Rescue Systems ASME A171CSA B44 was deleted as a second approved standard The new Platform Rescue Systems section was added as an appendix in the codes NEII opposed both the inclusion of the ASTM standard and the deletion of the ASME A171CSA B44 code Again NFPA 5000 is not adopted by any major jurisdiction in the US so the practical impact of this code change is negligible

                                          111 Outside Emergency Elevators The ASME A17 Task Group continues to draft requirements for Outside Emergency Elevators in response to the publication of the ASTM standard for similar equipment referred to as a Platform Rescue System (PRS) The Chairman of the NEII Central Code Committee provided an overview of the Performance Based Code to the Task Group in January with the hope that the group might create a definition for Outside Emergency Elevators and require conformance with the ASME A177CSA B447 code rather than

                                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                          developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                          The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                          113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                          114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                          115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                          bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                          2 Government Affairs Committee

                                          NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                          31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                          4 Performance Standards Committee

                                          41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                          5 Safety Committee

                                          51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                          bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                          52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                          53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                          54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                          6 Significant Code Developments

                                          61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                          64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                          66 Elevator Code Activities

                                          Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                          bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                          68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                          610 International Standards Committee

                                          Current ISO Committee activities include

                                          bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                          standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                          NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                          611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                          612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                          613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                          Respectfully submitted

                                          Brian Black Code and Safety Consultant to NEII

                                          NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                          1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                          2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                          3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                          the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                          to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                          APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                          November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                          Executive Summary

                                          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                          escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                          2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                          General Information

                                          bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                          soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                          Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                          and slidesrdquo (see Addendum A)

                                          o This is the most recent news the CPSC has issued on the subject

                                          Incidents and Responses

                                          bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                          these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                          Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                          of how many of these cases go undocumented

                                          bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                          escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                          The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                          bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                          blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                          same escalator had been involved in each incident

                                          bull Several airports and other locations where these incidents are occurring are introducing new safety

                                          measures in response to these types of incidents

                                          o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                          public service announcement that airs every five minutes

                                          o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                          moving stairways in the past several months

                                          2

                                          Lawsuits

                                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                          coverage since May 1 2008 These include but are not limited to

                                          o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                          o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                          Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                          bull The same attorney is handling all three aforementioned cases and has settled two other

                                          cases with Crocs but refuses to comment on them

                                          o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                          Crocs on an escalator in Japan was permanently injured and is now suing the company

                                          Crocsrsquo Response

                                          bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                          after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                          November of 2007

                                          o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                          the clogs and contended that the riding behavior and escalator design and maintenance

                                          caused the accidentsrdquo (See Addendum D)

                                          o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                          requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                          whether this new design will be introduced in other countries as well or if the new shoes were a

                                          direct result of authorities requirements in Japan (See Addendum E)

                                          bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                          safety awareness initiative release in its press release section dated July 22 2008

                                          bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                          aimed at elevator safety (Addendum F)

                                          bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                          investigations No mention or results from these investigations have been concluded andor released to

                                          the public yet

                                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                          spring 2009 line (See Addendum G)

                                          Please Note

                                          For additional review purposes older articles and news clippings can be found at

                                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                          many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                          hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                          3

                                          Addendum A

                                          NEWS from CPSC

                                          US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                          FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                          CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                          Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                          WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                          The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                          Here are some steps you can take to prevent escalator injuries

                                          bull Make sure shoes are tied before getting on an escalator

                                          bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                          bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                          bull Do not bring children onto escalators in strollers walkers or carts

                                          bull Always face forward and hold the handrail

                                          bull Avoid the sides of steps where entrapment can occur

                                          bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                          4

                                          Addendum B

                                          UPDATED 1029 pm August 01 2008

                                          In 3 accidents soft shoes caught side of escalator

                                          Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                          Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                          Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                          A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                          Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                          The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                          Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                          Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                          Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                          Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                          5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                          I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                          -- Staff writer John Perry contributed to this article

                                          6

                                          Addendum C

                                          A photo and description from a Straits Times Paper

                                          7

                                          Addendum D

                                          Addendum E Addendum E

                                          8

                                          Crocs sandals go on sale after firm makes them safer

                                          The Yomiuri Shimbun

                                          The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                          The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                          According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                          (Nov 2 2008)

                                          9

                                          Addendum F

                                          10

                                          Addendum G

                                          Kids wearing croc sandals beware

                                          Sat Oct 11 2008 The Straits Times

                                          In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                          By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                          Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                          March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                          Executive Summary

                                          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                          escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                          2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                          General Information

                                          bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                          ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                          bloggers link to past stories appealing to a smaller more focused audience

                                          Incidents and Responses

                                          bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                          National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                          Inc for more than $75 million in damages

                                          Lawsuits

                                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                          coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                          o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                          Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                          his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                          Crocsrsquo Response

                                          bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                          safety awareness initiative release in its press release section dated July 22 2008

                                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                          spring 2009 line (See Addendum E)

                                          2

                                          Please Note

                                          For additional review purposes older articles and news clippings can be found at

                                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                          many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                          Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                          Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                          3

                                          Addendum B

                                          Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                          4

                                          Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                          5

                                          Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                          6

                                          Addendum E

                                          Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                          7

                                          Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                          8

                                          992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                          9

                                          Addendum G

                                          Croc Shoes News (blog)

                                          Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                          Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                          10

                                          if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                          11

                                          Addendum H

                                          MomLogic (blog) Should Crocs Be Banned

                                          MONDAY MARCH 16 2009 filed under legal

                                          A mom says shes suing Crocs to keep kids safe

                                          Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                          Hes not the only one

                                          When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                          According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                          From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                          There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                          What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                          I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                          Said Attorney Andrew M Laskin

                                          Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                          12

                                          In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                          That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                          Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                          The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                          Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                          Will this lawsuit stop you from buying Crocs for your kids

                                          13

                                          Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                          As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                          14

                                          Addendum J Good things in life(blog)

                                          Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                          httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                          15

                                          Addendum K A blog entry that posted February 21 2009

                                          Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                          • Agenda
                                          • Attachment 1
                                          • Attachment 2
                                          • Attachment 3
                                          • Attachment 4
                                          • Attachment 5

                                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 5

                                            developing an entire new section of prescriptive requirements for the ASME A171CSA B44 code The fire officials on the Task Group have been resistant to this approach but are willing to review the GESRs in the Performance Based Code and reconsider their opposition 112 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447

                                            The Central Code Committee in conjunction with the Government Affairs Committee maintains a plan to encourage the adoption of the Performance Based Safety Code for Elevator and Escalators ASME A177CSA B447 The chairs of the NEII Central Code Committee and NEII Government Affairs Committee will provide a verbal report at the meeting NEIIrsquos efforts to have local jurisdictions adopt the Performance Based Code were significantly boosted in March when three AECO accreditations were announced With all of the mechanisms to use and enforce the code now in place jurisdictions should be more willing to adopt the code

                                            113 NEII JEA PALEA meeting The second joint meeting of NEII JEA and PALEA was held in November 2008 in Kyoto Japan Discussions on seismic issues elevator and escalator safety and harmonizing the Japanese elevator standards with other international codes were very productive

                                            114 Certification Labeling Some jurisdictions are requiring that certification labels identify the code edition they adopted and not the latest code edition in effect The Central Code Committee has done an extensive study of the ASME A171CSA B44 Code and CSA B441ASME A175 Standard requirements for labeling and determined that a code edition is not required on certification labels To avoid problems labels should not identify a code edition

                                            115 ASME A176 Suspension Means Standard The public review of the proposed ASME A176 Suspension Means Standard was withdrawn by the ASME A17 Standard Committee at its January 2008 meeting An alternative which deletes the Part 2 requirements for aramid ropes was balloted by the committee with the intent of having the A17 Mechanical Design Committee make further modifications to Part 2 of the standard prior to its reintroduction for approval by the Standard Committee 116 Global Technical Barrier Free Trade The global elevator industry commitment was discussed at the April 2008 Board meeting The committee subsequently reviewed a draft press release ldquoElevator Industry Supports Global Standards Convergencerdquo to be release by NEII the European Lift Association (ELA) and the Pacific Asia Lift and Escalator Association (PALEA) This was approved by the Board during its August 6 teleconference meeting but has not been released by any of the parties at this time 117 Other Issues Other significant issues being monitoredreviewed by the Central Code Committee include

                                            bull SIL requirements for escalators bull ASME A171CSA B44 maintenance code requirements bull ASMENEII liaison

                                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                            2 Government Affairs Committee

                                            NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                            31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                            4 Performance Standards Committee

                                            41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                            5 Safety Committee

                                            51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                            bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                            52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                            53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                            54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                            6 Significant Code Developments

                                            61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                            64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                            66 Elevator Code Activities

                                            Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                            bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                            68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                            610 International Standards Committee

                                            Current ISO Committee activities include

                                            bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                            standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                            NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                            611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                            612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                            613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                            Respectfully submitted

                                            Brian Black Code and Safety Consultant to NEII

                                            NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                            1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                            2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                            3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                            the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                            to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                            APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                            November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                            Executive Summary

                                            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                            escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                            2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                            General Information

                                            bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                            soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                            Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                            and slidesrdquo (see Addendum A)

                                            o This is the most recent news the CPSC has issued on the subject

                                            Incidents and Responses

                                            bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                            these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                            Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                            of how many of these cases go undocumented

                                            bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                            escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                            The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                            bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                            blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                            same escalator had been involved in each incident

                                            bull Several airports and other locations where these incidents are occurring are introducing new safety

                                            measures in response to these types of incidents

                                            o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                            public service announcement that airs every five minutes

                                            o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                            moving stairways in the past several months

                                            2

                                            Lawsuits

                                            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                            coverage since May 1 2008 These include but are not limited to

                                            o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                            o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                            Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                            bull The same attorney is handling all three aforementioned cases and has settled two other

                                            cases with Crocs but refuses to comment on them

                                            o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                            Crocs on an escalator in Japan was permanently injured and is now suing the company

                                            Crocsrsquo Response

                                            bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                            after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                            November of 2007

                                            o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                            the clogs and contended that the riding behavior and escalator design and maintenance

                                            caused the accidentsrdquo (See Addendum D)

                                            o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                            requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                            whether this new design will be introduced in other countries as well or if the new shoes were a

                                            direct result of authorities requirements in Japan (See Addendum E)

                                            bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                            safety awareness initiative release in its press release section dated July 22 2008

                                            bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                            aimed at elevator safety (Addendum F)

                                            bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                            investigations No mention or results from these investigations have been concluded andor released to

                                            the public yet

                                            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                            few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                            spring 2009 line (See Addendum G)

                                            Please Note

                                            For additional review purposes older articles and news clippings can be found at

                                            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                            many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                            hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                            3

                                            Addendum A

                                            NEWS from CPSC

                                            US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                            FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                            CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                            Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                            WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                            The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                            Here are some steps you can take to prevent escalator injuries

                                            bull Make sure shoes are tied before getting on an escalator

                                            bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                            bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                            bull Do not bring children onto escalators in strollers walkers or carts

                                            bull Always face forward and hold the handrail

                                            bull Avoid the sides of steps where entrapment can occur

                                            bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                            4

                                            Addendum B

                                            UPDATED 1029 pm August 01 2008

                                            In 3 accidents soft shoes caught side of escalator

                                            Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                            Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                            Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                            A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                            Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                            The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                            Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                            Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                            Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                            Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                            5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                            I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                            -- Staff writer John Perry contributed to this article

                                            6

                                            Addendum C

                                            A photo and description from a Straits Times Paper

                                            7

                                            Addendum D

                                            Addendum E Addendum E

                                            8

                                            Crocs sandals go on sale after firm makes them safer

                                            The Yomiuri Shimbun

                                            The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                            The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                            According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                            (Nov 2 2008)

                                            9

                                            Addendum F

                                            10

                                            Addendum G

                                            Kids wearing croc sandals beware

                                            Sat Oct 11 2008 The Straits Times

                                            In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                            By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                            Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                            March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                            Executive Summary

                                            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                            escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                            2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                            General Information

                                            bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                            ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                            bloggers link to past stories appealing to a smaller more focused audience

                                            Incidents and Responses

                                            bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                            National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                            Inc for more than $75 million in damages

                                            Lawsuits

                                            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                            coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                            o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                            Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                            his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                            Crocsrsquo Response

                                            bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                            safety awareness initiative release in its press release section dated July 22 2008

                                            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                            few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                            spring 2009 line (See Addendum E)

                                            2

                                            Please Note

                                            For additional review purposes older articles and news clippings can be found at

                                            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                            many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                            Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                            Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                            3

                                            Addendum B

                                            Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                            4

                                            Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                            5

                                            Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                            6

                                            Addendum E

                                            Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                            7

                                            Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                            8

                                            992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                            9

                                            Addendum G

                                            Croc Shoes News (blog)

                                            Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                            Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                            10

                                            if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                            11

                                            Addendum H

                                            MomLogic (blog) Should Crocs Be Banned

                                            MONDAY MARCH 16 2009 filed under legal

                                            A mom says shes suing Crocs to keep kids safe

                                            Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                            Hes not the only one

                                            When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                            According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                            From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                            There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                            What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                            I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                            Said Attorney Andrew M Laskin

                                            Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                            12

                                            In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                            That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                            Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                            The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                            Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                            Will this lawsuit stop you from buying Crocs for your kids

                                            13

                                            Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                            As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                            14

                                            Addendum J Good things in life(blog)

                                            Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                            httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                            15

                                            Addendum K A blog entry that posted February 21 2009

                                            Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                            • Agenda
                                            • Attachment 1
                                            • Attachment 2
                                            • Attachment 3
                                            • Attachment 4
                                            • Attachment 5

                                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 6

                                              2 Government Affairs Committee

                                              NEII Government Affairs Committee Activities are reported separately by Chairman John Karnash 3 Architectural Standards Committee

                                              31 Building Transportation Standards and Guidelines NEII-1 The committee continues to maintain the Building Transportation Standards and Guidelines NEII-1 for publication on the public area of the NEII website A number of editorial changes were approved at the June 2008 meeting and ASME A171-2007CSA B44-07 is being reviewed for revisions that will affect NEII-1 Additionally the committee is addressing car sizes for ambulance stretchers in light of our successes at the IBC hearings (see item 19) The committee met March 31 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                              4 Performance Standards Committee

                                              41 Building Transportation Standards and Guidelines NEII-1 At its June 2008 meeting the committee recommended a number of changes to the NEII Power Supply Data Form Temporary Power Supply Guidelines and Temporary Power supply Confirmation Data Form for approval by the NEII Central Code Committee for inclusion in NEII-1 The committee also reviewed papers on how to prepare elevators for an emergency and on Maintenance Control Programs for further development Members are reviewing both ASME A171-2007CSA B44-07 and ASME A177-2007CSA B447-07 to determine whether additional changes to NEII-1 are needed to reflect the new codes The committee met April 1 2009 in Mobile Alabama I will update the Board at the meeting of any significant development that occurs at the committee meeting

                                              5 Safety Committee

                                              51 NEII Position Papers The Safety Committee has a policy of reviewing all Position Papers annually The following papers are currently approved and posted in the public area of the NEII website

                                              bull Asbestos Safety bull Arc-Flash Hazards and Electrical Safe Work Practices bull OSHA Confined Space Regulations as They Pertain to Elevator Pits bull OSHA Power Industrial Truck Operator Regulations bull Guidelines for Emergency Preparedness Plan

                                              52 Service Safety Video The committee concurred with the development of a new video program on employee safety to be developed by a private contractor for Elevator World Elevator World is now working with member companies to set up filming opportunities

                                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                              53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                              54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                              6 Significant Code Developments

                                              61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                              64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                              66 Elevator Code Activities

                                              Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                              bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                              68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                              610 International Standards Committee

                                              Current ISO Committee activities include

                                              bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                              standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                              NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                              611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                              612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                              613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                              Respectfully submitted

                                              Brian Black Code and Safety Consultant to NEII

                                              NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                              1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                              2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                              3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                              the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                              to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                              APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                              November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                              Executive Summary

                                              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                              escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                              2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                              General Information

                                              bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                              soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                              Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                              and slidesrdquo (see Addendum A)

                                              o This is the most recent news the CPSC has issued on the subject

                                              Incidents and Responses

                                              bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                              these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                              Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                              of how many of these cases go undocumented

                                              bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                              escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                              The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                              bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                              blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                              same escalator had been involved in each incident

                                              bull Several airports and other locations where these incidents are occurring are introducing new safety

                                              measures in response to these types of incidents

                                              o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                              public service announcement that airs every five minutes

                                              o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                              moving stairways in the past several months

                                              2

                                              Lawsuits

                                              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                              coverage since May 1 2008 These include but are not limited to

                                              o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                              o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                              Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                              bull The same attorney is handling all three aforementioned cases and has settled two other

                                              cases with Crocs but refuses to comment on them

                                              o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                              Crocs on an escalator in Japan was permanently injured and is now suing the company

                                              Crocsrsquo Response

                                              bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                              after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                              November of 2007

                                              o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                              the clogs and contended that the riding behavior and escalator design and maintenance

                                              caused the accidentsrdquo (See Addendum D)

                                              o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                              requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                              whether this new design will be introduced in other countries as well or if the new shoes were a

                                              direct result of authorities requirements in Japan (See Addendum E)

                                              bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                              safety awareness initiative release in its press release section dated July 22 2008

                                              bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                              aimed at elevator safety (Addendum F)

                                              bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                              investigations No mention or results from these investigations have been concluded andor released to

                                              the public yet

                                              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                              few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                              spring 2009 line (See Addendum G)

                                              Please Note

                                              For additional review purposes older articles and news clippings can be found at

                                              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                              many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                              hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                              3

                                              Addendum A

                                              NEWS from CPSC

                                              US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                              FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                              CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                              Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                              WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                              The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                              Here are some steps you can take to prevent escalator injuries

                                              bull Make sure shoes are tied before getting on an escalator

                                              bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                              bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                              bull Do not bring children onto escalators in strollers walkers or carts

                                              bull Always face forward and hold the handrail

                                              bull Avoid the sides of steps where entrapment can occur

                                              bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                              4

                                              Addendum B

                                              UPDATED 1029 pm August 01 2008

                                              In 3 accidents soft shoes caught side of escalator

                                              Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                              Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                              Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                              A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                              Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                              The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                              Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                              Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                              Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                              Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                              5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                              I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                              -- Staff writer John Perry contributed to this article

                                              6

                                              Addendum C

                                              A photo and description from a Straits Times Paper

                                              7

                                              Addendum D

                                              Addendum E Addendum E

                                              8

                                              Crocs sandals go on sale after firm makes them safer

                                              The Yomiuri Shimbun

                                              The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                              The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                              According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                              (Nov 2 2008)

                                              9

                                              Addendum F

                                              10

                                              Addendum G

                                              Kids wearing croc sandals beware

                                              Sat Oct 11 2008 The Straits Times

                                              In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                              By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                              Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                              March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                              Executive Summary

                                              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                              escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                              2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                              General Information

                                              bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                              ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                              bloggers link to past stories appealing to a smaller more focused audience

                                              Incidents and Responses

                                              bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                              National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                              Inc for more than $75 million in damages

                                              Lawsuits

                                              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                              coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                              o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                              Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                              his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                              Crocsrsquo Response

                                              bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                              safety awareness initiative release in its press release section dated July 22 2008

                                              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                              few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                              spring 2009 line (See Addendum E)

                                              2

                                              Please Note

                                              For additional review purposes older articles and news clippings can be found at

                                              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                              many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                              Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                              Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                              3

                                              Addendum B

                                              Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                              4

                                              Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                              5

                                              Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                              6

                                              Addendum E

                                              Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                              7

                                              Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                              8

                                              992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                              9

                                              Addendum G

                                              Croc Shoes News (blog)

                                              Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                              Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                              10

                                              if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                              11

                                              Addendum H

                                              MomLogic (blog) Should Crocs Be Banned

                                              MONDAY MARCH 16 2009 filed under legal

                                              A mom says shes suing Crocs to keep kids safe

                                              Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                              Hes not the only one

                                              When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                              According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                              From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                              There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                              What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                              I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                              Said Attorney Andrew M Laskin

                                              Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                              12

                                              In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                              That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                              Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                              The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                              Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                              Will this lawsuit stop you from buying Crocs for your kids

                                              13

                                              Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                              As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                              14

                                              Addendum J Good things in life(blog)

                                              Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                              httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                              15

                                              Addendum K A blog entry that posted February 21 2009

                                              Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                              • Agenda
                                              • Attachment 1
                                              • Attachment 2
                                              • Attachment 3
                                              • Attachment 4
                                              • Attachment 5

                                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 7

                                                53 Elevator Industry Field Employeesrsquo Safety Handbook The committee approved a number of changes last September to the text and figures of the Elevator Industry Field Employeesrsquo Safety Handbook that were added in 2008 The committee continues to revise the Handbook with changes to be reviewed by each member and his company representatives and added to the Handbook by Elevator World on a periodic basis A new edition of the Handbook will be published subsequent to the committeersquos review in its June 2009 meeting

                                                54 NFPA 70E The committee reviewed changes to NFPA 70E that address arc-flash hazards and Personal Protective Equipment and continues to explore how this matter may affect company employee work practices

                                                6 Significant Code Developments

                                                61 Safety Code for Elevators and Escalators A171 ASME A171a-2008CSA B44a-08 was issued December 5 2008 The ASME A171bCSA B44b public review draft was issued in February 2009 and will be posted on the NEII website once the public review is complete At its January 2009 meeting the ASME A17 Standards Committee reviewed the use of lifts in wind turbine towers and determined these devices are covered under the scope of ASME A171CSA B44 as Special Application Elevators Code language will be developed to define these devices and require compliance with the Performance Based Code 62 Guide for the Inspection of Elevators Escalators and Moving Walks ASME A172 The current edition of the Guide for the Inspection of Elevators Escalators and Moving Walks ASME A171-2007 was published in October 2007 63 Safety Code for Existing Elevators and Escalators ASME A173 The current edition of the Safety Code for Existing Elevators and Escalators ASME A173 was issued September 30 2005 and was effective March 31 2006 As a result of the Model Elevator Law being enacted a number of jurisdictions have recently adopted this Code The next edition is scheduled to be published this spring

                                                64 Standard for Elevator and Escalator Electrical Equipment ASME A175 The ASME A171CSA B44 Code and National Electrical Codereg require electrical equipment to be tested and labeled in compliance with the harmonized Standard for Elevator and Escalator Electrical Equipment CSA B441ASME A175 The current edition was published in December 2004 65 Elevator Emergency Stopping An ASME A17 Standards Committee is reviewing the requirements for emergency stopping With recent advances in the state of the art some have voiced an opinion that the Code should require a controlled stop rather than an emergency stop

                                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                                66 Elevator Code Activities

                                                Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                                bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                                68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                                610 International Standards Committee

                                                Current ISO Committee activities include

                                                bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                                standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                                NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                                611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                                612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                                613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                                Respectfully submitted

                                                Brian Black Code and Safety Consultant to NEII

                                                NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                                1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                                2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                                3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                                the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                                to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                                APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                                November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                Executive Summary

                                                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                                2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                General Information

                                                bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                                soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                                Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                                and slidesrdquo (see Addendum A)

                                                o This is the most recent news the CPSC has issued on the subject

                                                Incidents and Responses

                                                bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                                these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                                Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                                of how many of these cases go undocumented

                                                bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                                escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                                The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                                bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                                blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                                same escalator had been involved in each incident

                                                bull Several airports and other locations where these incidents are occurring are introducing new safety

                                                measures in response to these types of incidents

                                                o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                                public service announcement that airs every five minutes

                                                o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                                moving stairways in the past several months

                                                2

                                                Lawsuits

                                                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                                coverage since May 1 2008 These include but are not limited to

                                                o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                                o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                                Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                                bull The same attorney is handling all three aforementioned cases and has settled two other

                                                cases with Crocs but refuses to comment on them

                                                o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                                Crocs on an escalator in Japan was permanently injured and is now suing the company

                                                Crocsrsquo Response

                                                bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                                after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                                November of 2007

                                                o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                                the clogs and contended that the riding behavior and escalator design and maintenance

                                                caused the accidentsrdquo (See Addendum D)

                                                o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                                requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                                whether this new design will be introduced in other countries as well or if the new shoes were a

                                                direct result of authorities requirements in Japan (See Addendum E)

                                                bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                safety awareness initiative release in its press release section dated July 22 2008

                                                bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                                aimed at elevator safety (Addendum F)

                                                bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                                investigations No mention or results from these investigations have been concluded andor released to

                                                the public yet

                                                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                spring 2009 line (See Addendum G)

                                                Please Note

                                                For additional review purposes older articles and news clippings can be found at

                                                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                                hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                                3

                                                Addendum A

                                                NEWS from CPSC

                                                US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                Here are some steps you can take to prevent escalator injuries

                                                bull Make sure shoes are tied before getting on an escalator

                                                bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                bull Do not bring children onto escalators in strollers walkers or carts

                                                bull Always face forward and hold the handrail

                                                bull Avoid the sides of steps where entrapment can occur

                                                bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                4

                                                Addendum B

                                                UPDATED 1029 pm August 01 2008

                                                In 3 accidents soft shoes caught side of escalator

                                                Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                -- Staff writer John Perry contributed to this article

                                                6

                                                Addendum C

                                                A photo and description from a Straits Times Paper

                                                7

                                                Addendum D

                                                Addendum E Addendum E

                                                8

                                                Crocs sandals go on sale after firm makes them safer

                                                The Yomiuri Shimbun

                                                The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                (Nov 2 2008)

                                                9

                                                Addendum F

                                                10

                                                Addendum G

                                                Kids wearing croc sandals beware

                                                Sat Oct 11 2008 The Straits Times

                                                In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                Executive Summary

                                                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                General Information

                                                bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                bloggers link to past stories appealing to a smaller more focused audience

                                                Incidents and Responses

                                                bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                Inc for more than $75 million in damages

                                                Lawsuits

                                                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                Crocsrsquo Response

                                                bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                safety awareness initiative release in its press release section dated July 22 2008

                                                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                spring 2009 line (See Addendum E)

                                                2

                                                Please Note

                                                For additional review purposes older articles and news clippings can be found at

                                                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                3

                                                Addendum B

                                                Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                4

                                                Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                5

                                                Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                6

                                                Addendum E

                                                Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                7

                                                Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                8

                                                992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                9

                                                Addendum G

                                                Croc Shoes News (blog)

                                                Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                10

                                                if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                11

                                                Addendum H

                                                MomLogic (blog) Should Crocs Be Banned

                                                MONDAY MARCH 16 2009 filed under legal

                                                A mom says shes suing Crocs to keep kids safe

                                                Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                Hes not the only one

                                                When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                Said Attorney Andrew M Laskin

                                                Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                12

                                                In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                Will this lawsuit stop you from buying Crocs for your kids

                                                13

                                                Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                14

                                                Addendum J Good things in life(blog)

                                                Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                15

                                                Addendum K A blog entry that posted February 21 2009

                                                Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                • Agenda
                                                • Attachment 1
                                                • Attachment 2
                                                • Attachment 3
                                                • Attachment 4
                                                • Attachment 5

                                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 8

                                                  66 Elevator Code Activities

                                                  Some significant revisions to the ASME A171CSA B44 Code under consideration include

                                                  bull door protection bull monitoring of two-way communication and bull on-site vs electronic maintenance records retention 67 Maintenance The CSA B44 Technical Committee proposed adding an Appendix to ASME A171CSA B44 which would include recommended maintenance frequencies This proposal was rejected by the ASME A17 Committee CSA published the recommended maintenance frequencies from CSA B44-04 Appendix J as CSA B4402-07

                                                  68 Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181 The fourth edition of the Safety Standard for Platform Lifts and Stairway Chairlifts ASME A181-2008 was published in August 2008 At its recent meeting a committee member asked to introduce a change to no longer require constant-pressure stitches on the platform and at the call stations While the Chairman ruled consideration of the issue premature as no formal proposal was before the committee NEII will continue to closely monitor this issue and would be in strong opposition to any change of this sort 69 Performance Based Safety Code for Elevators and Escalators ASME A177CSA B447 The Performance-Based Safety Code for Elevators and Escalators ASME A177CSA B447 was published in March 2007 Additional information is being reported by the NEII Government Affairs and Central Code Committee Chairmen

                                                  610 International Standards Committee

                                                  Current ISO Committee activities include

                                                  bull performance measurement standards bull elevator dimensional standards bull guide rail standards bull world wide comparison of electro-magnetic interferenceelectro-magnetic compatibility

                                                  standards bull programmable electronic safetiessafety integrity levels (PESSIL) standard bull world wide comparison of escalator codes bull world wide comparison of elevator door fire testing standards bull elevator accessibility standards bull elevator use during a fire bull energy efficiency measurements bull performance standard measurements bull risk analysis methodology and bull global essential safety requirements and global safety parameters

                                                  NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                                  611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                                  612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                                  613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                                  Respectfully submitted

                                                  Brian Black Code and Safety Consultant to NEII

                                                  NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                                  1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                                  2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                                  3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                                  the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                                  to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                                  APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                                  November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                  Executive Summary

                                                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                  escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                                  2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                  General Information

                                                  bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                                  soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                                  Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                                  and slidesrdquo (see Addendum A)

                                                  o This is the most recent news the CPSC has issued on the subject

                                                  Incidents and Responses

                                                  bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                                  these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                                  Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                                  of how many of these cases go undocumented

                                                  bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                                  escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                                  The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                                  bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                                  blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                                  same escalator had been involved in each incident

                                                  bull Several airports and other locations where these incidents are occurring are introducing new safety

                                                  measures in response to these types of incidents

                                                  o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                                  public service announcement that airs every five minutes

                                                  o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                                  moving stairways in the past several months

                                                  2

                                                  Lawsuits

                                                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                                  coverage since May 1 2008 These include but are not limited to

                                                  o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                                  o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                                  Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                                  bull The same attorney is handling all three aforementioned cases and has settled two other

                                                  cases with Crocs but refuses to comment on them

                                                  o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                                  Crocs on an escalator in Japan was permanently injured and is now suing the company

                                                  Crocsrsquo Response

                                                  bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                                  after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                                  November of 2007

                                                  o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                                  the clogs and contended that the riding behavior and escalator design and maintenance

                                                  caused the accidentsrdquo (See Addendum D)

                                                  o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                                  requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                                  whether this new design will be introduced in other countries as well or if the new shoes were a

                                                  direct result of authorities requirements in Japan (See Addendum E)

                                                  bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                  safety awareness initiative release in its press release section dated July 22 2008

                                                  bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                                  aimed at elevator safety (Addendum F)

                                                  bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                                  investigations No mention or results from these investigations have been concluded andor released to

                                                  the public yet

                                                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                  spring 2009 line (See Addendum G)

                                                  Please Note

                                                  For additional review purposes older articles and news clippings can be found at

                                                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                  many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                                  hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                                  3

                                                  Addendum A

                                                  NEWS from CPSC

                                                  US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                  FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                  CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                  Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                  WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                  The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                  Here are some steps you can take to prevent escalator injuries

                                                  bull Make sure shoes are tied before getting on an escalator

                                                  bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                  bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                  bull Do not bring children onto escalators in strollers walkers or carts

                                                  bull Always face forward and hold the handrail

                                                  bull Avoid the sides of steps where entrapment can occur

                                                  bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                  4

                                                  Addendum B

                                                  UPDATED 1029 pm August 01 2008

                                                  In 3 accidents soft shoes caught side of escalator

                                                  Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                  Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                  Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                  A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                  Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                  The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                  Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                  Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                  Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                  Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                  5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                  I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                  -- Staff writer John Perry contributed to this article

                                                  6

                                                  Addendum C

                                                  A photo and description from a Straits Times Paper

                                                  7

                                                  Addendum D

                                                  Addendum E Addendum E

                                                  8

                                                  Crocs sandals go on sale after firm makes them safer

                                                  The Yomiuri Shimbun

                                                  The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                  The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                  According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                  (Nov 2 2008)

                                                  9

                                                  Addendum F

                                                  10

                                                  Addendum G

                                                  Kids wearing croc sandals beware

                                                  Sat Oct 11 2008 The Straits Times

                                                  In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                  By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                  Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                  March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                  Executive Summary

                                                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                  escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                  2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                  General Information

                                                  bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                  ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                  bloggers link to past stories appealing to a smaller more focused audience

                                                  Incidents and Responses

                                                  bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                  National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                  Inc for more than $75 million in damages

                                                  Lawsuits

                                                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                  coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                  o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                  Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                  his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                  Crocsrsquo Response

                                                  bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                  safety awareness initiative release in its press release section dated July 22 2008

                                                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                  spring 2009 line (See Addendum E)

                                                  2

                                                  Please Note

                                                  For additional review purposes older articles and news clippings can be found at

                                                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                  many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                  Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                  Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                  3

                                                  Addendum B

                                                  Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                  4

                                                  Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                  5

                                                  Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                  6

                                                  Addendum E

                                                  Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                  7

                                                  Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                  8

                                                  992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                  9

                                                  Addendum G

                                                  Croc Shoes News (blog)

                                                  Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                  Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                  10

                                                  if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                  11

                                                  Addendum H

                                                  MomLogic (blog) Should Crocs Be Banned

                                                  MONDAY MARCH 16 2009 filed under legal

                                                  A mom says shes suing Crocs to keep kids safe

                                                  Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                  Hes not the only one

                                                  When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                  According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                  From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                  There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                  What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                  I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                  Said Attorney Andrew M Laskin

                                                  Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                  12

                                                  In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                  That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                  Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                  The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                  Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                  Will this lawsuit stop you from buying Crocs for your kids

                                                  13

                                                  Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                  As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                  14

                                                  Addendum J Good things in life(blog)

                                                  Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                  httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                  15

                                                  Addendum K A blog entry that posted February 21 2009

                                                  Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                  • Agenda
                                                  • Attachment 1
                                                  • Attachment 2
                                                  • Attachment 3
                                                  • Attachment 4
                                                  • Attachment 5

                                                    NEII Code and Safety Consultantrsquos Report April 7 2009 Page 9

                                                    611 Building Codes The International Building Code (IBC) has been adopted by most US jurisdictions The third edition of the IBC was published in March 2006 A 2007 supplement to the 2006 IBC was published in August 2007 and the 2009 code will be published soon The IBC has been adopted by the vast majority of US jurisdictions The National Fire Protection Association (NFPA) has published the Building Construction and Safety Code NFPA 5000-2003 Only one or two local government agencies have adopted NFPA 5000 The current IBC and NFPA 5000 both require elevator escalators etc to conform to the Safety Code for Elevators and Escalators ASME A171-2004 including ASME A171a-2005 and ASME A171S-2005 The 2009 IBC NFPA 101 and NFPA 5000 will reference ASME A171-2007CSA B44-07 and through a reference in this code ASME A177-2007CSA B447-07

                                                    612 ASME A17 CODE COORDINATION COMMITTEE The ASME A17 Code Coordination Committee meets twice yearly to review and coordinate the requirements in ASME A17 Codes and Standards International Codes and NFPA Codes and Standards Two issues seismic requirements and the use of elevators during a fire are being closely monitored The ASME A17 Code Coordination Committee is currently planning an March 2010 Workshop on the Use of Elevators in Fires and Other Emergencies to report on the work of the ASME A17 Task Groups addressing this issue and new requirements in the building codes

                                                    613 QUALIFICATION OF ELEVATOR INSPECTORS ASME QEI-1-2007 was issued February 25 2008 and became effective August 25 2008 The target date for the next edition is May 2010 The committee approved a revised Code of Ethics and revisions to the continuing education requirements for the 2008 edition At a recent meeting the committee discussed establishing a ldquosecond-tierrdquo certification for inspectors of Private Residence Elevators and equipment regulated by the ASME A181 standard The committee approved QEI Services Inc of Middlesex New Jersey as an accredited QEI certifying organization at its January 2009 meeting

                                                    Respectfully submitted

                                                    Brian Black Code and Safety Consultant to NEII

                                                    NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                                    1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                                    2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                                    3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                                    the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                                    to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                                    APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                                    November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                    Executive Summary

                                                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                    escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                                    2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                    General Information

                                                    bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                                    soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                                    Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                                    and slidesrdquo (see Addendum A)

                                                    o This is the most recent news the CPSC has issued on the subject

                                                    Incidents and Responses

                                                    bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                                    these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                                    Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                                    of how many of these cases go undocumented

                                                    bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                                    escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                                    The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                                    bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                                    blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                                    same escalator had been involved in each incident

                                                    bull Several airports and other locations where these incidents are occurring are introducing new safety

                                                    measures in response to these types of incidents

                                                    o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                                    public service announcement that airs every five minutes

                                                    o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                                    moving stairways in the past several months

                                                    2

                                                    Lawsuits

                                                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                                    coverage since May 1 2008 These include but are not limited to

                                                    o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                                    o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                                    Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                                    bull The same attorney is handling all three aforementioned cases and has settled two other

                                                    cases with Crocs but refuses to comment on them

                                                    o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                                    Crocs on an escalator in Japan was permanently injured and is now suing the company

                                                    Crocsrsquo Response

                                                    bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                                    after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                                    November of 2007

                                                    o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                                    the clogs and contended that the riding behavior and escalator design and maintenance

                                                    caused the accidentsrdquo (See Addendum D)

                                                    o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                                    requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                                    whether this new design will be introduced in other countries as well or if the new shoes were a

                                                    direct result of authorities requirements in Japan (See Addendum E)

                                                    bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                    safety awareness initiative release in its press release section dated July 22 2008

                                                    bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                                    aimed at elevator safety (Addendum F)

                                                    bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                                    investigations No mention or results from these investigations have been concluded andor released to

                                                    the public yet

                                                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                    spring 2009 line (See Addendum G)

                                                    Please Note

                                                    For additional review purposes older articles and news clippings can be found at

                                                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                    many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                                    hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                                    3

                                                    Addendum A

                                                    NEWS from CPSC

                                                    US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                    FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                    CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                    Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                    WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                    The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                    Here are some steps you can take to prevent escalator injuries

                                                    bull Make sure shoes are tied before getting on an escalator

                                                    bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                    bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                    bull Do not bring children onto escalators in strollers walkers or carts

                                                    bull Always face forward and hold the handrail

                                                    bull Avoid the sides of steps where entrapment can occur

                                                    bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                    4

                                                    Addendum B

                                                    UPDATED 1029 pm August 01 2008

                                                    In 3 accidents soft shoes caught side of escalator

                                                    Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                    Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                    Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                    A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                    Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                    The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                    Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                    Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                    Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                    Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                    5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                    I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                    -- Staff writer John Perry contributed to this article

                                                    6

                                                    Addendum C

                                                    A photo and description from a Straits Times Paper

                                                    7

                                                    Addendum D

                                                    Addendum E Addendum E

                                                    8

                                                    Crocs sandals go on sale after firm makes them safer

                                                    The Yomiuri Shimbun

                                                    The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                    The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                    According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                    (Nov 2 2008)

                                                    9

                                                    Addendum F

                                                    10

                                                    Addendum G

                                                    Kids wearing croc sandals beware

                                                    Sat Oct 11 2008 The Straits Times

                                                    In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                    By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                    Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                    March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                    Executive Summary

                                                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                    escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                    2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                    General Information

                                                    bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                    ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                    bloggers link to past stories appealing to a smaller more focused audience

                                                    Incidents and Responses

                                                    bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                    National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                    Inc for more than $75 million in damages

                                                    Lawsuits

                                                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                    coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                    o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                    Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                    his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                    Crocsrsquo Response

                                                    bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                    safety awareness initiative release in its press release section dated July 22 2008

                                                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                    spring 2009 line (See Addendum E)

                                                    2

                                                    Please Note

                                                    For additional review purposes older articles and news clippings can be found at

                                                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                    many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                    Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                    Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                    3

                                                    Addendum B

                                                    Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                    4

                                                    Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                    5

                                                    Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                    6

                                                    Addendum E

                                                    Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                    7

                                                    Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                    8

                                                    992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                    9

                                                    Addendum G

                                                    Croc Shoes News (blog)

                                                    Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                    Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                    10

                                                    if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                    11

                                                    Addendum H

                                                    MomLogic (blog) Should Crocs Be Banned

                                                    MONDAY MARCH 16 2009 filed under legal

                                                    A mom says shes suing Crocs to keep kids safe

                                                    Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                    Hes not the only one

                                                    When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                    According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                    From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                    There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                    What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                    I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                    Said Attorney Andrew M Laskin

                                                    Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                    12

                                                    In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                    That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                    Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                    The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                    Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                    Will this lawsuit stop you from buying Crocs for your kids

                                                    13

                                                    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                    14

                                                    Addendum J Good things in life(blog)

                                                    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                    15

                                                    Addendum K A blog entry that posted February 21 2009

                                                    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                    • Agenda
                                                    • Attachment 1
                                                    • Attachment 2
                                                    • Attachment 3
                                                    • Attachment 4
                                                    • Attachment 5

                                                      NEII CROCS AD-HOC TASK GROUP OBJECTIVE At the September 2008 Meeting the NEII Board of Directors approved the formation of a Crocs Ad-hoc Task Group This group is charged with overseeing the Crocs type soft side flexible clog issues as it relates to escalators and assessing its potential impact on the industry Specifically the grouprsquos objectives are to

                                                      1) Monitor news coverage and other development about Crocs type soft side flexible clogs and escalators

                                                      2) Gather information to determine potential causes of Crocs type soft side flexible clogs escalator incidents and if deemed necessary by the NEII Board of Directors manage any technical studies that may be required

                                                      3) Assess the potential impact of the issue on industry regulations 4) Make recommendations to the NEII Board of Directors about how best to manage

                                                      the issue for the benefit of the industry 5) Provide insight and direction to the NEII Communications Committee as required

                                                      to manage NEIIrsquos response to the issue and 6) Facilitate the sharing of information among NEII Committees

                                                      APPROVED NEII Crocs Ad-Hoc Task Group 06-Jan-09 NEII Board of Directors hwpdocsneii crocs ad-hoc steering committeeneii crocs ad-hoc task group objectivedoc

                                                      November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                      Executive Summary

                                                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                      escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                                      2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                      General Information

                                                      bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                                      soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                                      Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                                      and slidesrdquo (see Addendum A)

                                                      o This is the most recent news the CPSC has issued on the subject

                                                      Incidents and Responses

                                                      bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                                      these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                                      Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                                      of how many of these cases go undocumented

                                                      bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                                      escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                                      The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                                      bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                                      blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                                      same escalator had been involved in each incident

                                                      bull Several airports and other locations where these incidents are occurring are introducing new safety

                                                      measures in response to these types of incidents

                                                      o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                                      public service announcement that airs every five minutes

                                                      o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                                      moving stairways in the past several months

                                                      2

                                                      Lawsuits

                                                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                                      coverage since May 1 2008 These include but are not limited to

                                                      o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                                      o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                                      Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                                      bull The same attorney is handling all three aforementioned cases and has settled two other

                                                      cases with Crocs but refuses to comment on them

                                                      o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                                      Crocs on an escalator in Japan was permanently injured and is now suing the company

                                                      Crocsrsquo Response

                                                      bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                                      after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                                      November of 2007

                                                      o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                                      the clogs and contended that the riding behavior and escalator design and maintenance

                                                      caused the accidentsrdquo (See Addendum D)

                                                      o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                                      requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                                      whether this new design will be introduced in other countries as well or if the new shoes were a

                                                      direct result of authorities requirements in Japan (See Addendum E)

                                                      bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                      safety awareness initiative release in its press release section dated July 22 2008

                                                      bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                                      aimed at elevator safety (Addendum F)

                                                      bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                                      investigations No mention or results from these investigations have been concluded andor released to

                                                      the public yet

                                                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                      spring 2009 line (See Addendum G)

                                                      Please Note

                                                      For additional review purposes older articles and news clippings can be found at

                                                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                      many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                                      hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                                      3

                                                      Addendum A

                                                      NEWS from CPSC

                                                      US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                      FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                      CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                      Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                      WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                      The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                      Here are some steps you can take to prevent escalator injuries

                                                      bull Make sure shoes are tied before getting on an escalator

                                                      bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                      bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                      bull Do not bring children onto escalators in strollers walkers or carts

                                                      bull Always face forward and hold the handrail

                                                      bull Avoid the sides of steps where entrapment can occur

                                                      bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                      4

                                                      Addendum B

                                                      UPDATED 1029 pm August 01 2008

                                                      In 3 accidents soft shoes caught side of escalator

                                                      Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                      Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                      Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                      A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                      Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                      The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                      Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                      Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                      Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                      Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                      5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                      I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                      -- Staff writer John Perry contributed to this article

                                                      6

                                                      Addendum C

                                                      A photo and description from a Straits Times Paper

                                                      7

                                                      Addendum D

                                                      Addendum E Addendum E

                                                      8

                                                      Crocs sandals go on sale after firm makes them safer

                                                      The Yomiuri Shimbun

                                                      The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                      The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                      According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                      (Nov 2 2008)

                                                      9

                                                      Addendum F

                                                      10

                                                      Addendum G

                                                      Kids wearing croc sandals beware

                                                      Sat Oct 11 2008 The Straits Times

                                                      In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                      By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                      Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                      March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                      Executive Summary

                                                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                      escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                      2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                      General Information

                                                      bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                      ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                      bloggers link to past stories appealing to a smaller more focused audience

                                                      Incidents and Responses

                                                      bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                      National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                      Inc for more than $75 million in damages

                                                      Lawsuits

                                                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                      coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                      o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                      Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                      his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                      Crocsrsquo Response

                                                      bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                      safety awareness initiative release in its press release section dated July 22 2008

                                                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                      spring 2009 line (See Addendum E)

                                                      2

                                                      Please Note

                                                      For additional review purposes older articles and news clippings can be found at

                                                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                      many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                      Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                      Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                      3

                                                      Addendum B

                                                      Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                      4

                                                      Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                      5

                                                      Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                      6

                                                      Addendum E

                                                      Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                      7

                                                      Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                      8

                                                      992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                      9

                                                      Addendum G

                                                      Croc Shoes News (blog)

                                                      Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                      Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                      10

                                                      if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                      11

                                                      Addendum H

                                                      MomLogic (blog) Should Crocs Be Banned

                                                      MONDAY MARCH 16 2009 filed under legal

                                                      A mom says shes suing Crocs to keep kids safe

                                                      Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                      Hes not the only one

                                                      When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                      According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                      From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                      There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                      What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                      I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                      Said Attorney Andrew M Laskin

                                                      Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                      12

                                                      In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                      That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                      Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                      The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                      Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                      Will this lawsuit stop you from buying Crocs for your kids

                                                      13

                                                      Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                      As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                      14

                                                      Addendum J Good things in life(blog)

                                                      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                      15

                                                      Addendum K A blog entry that posted February 21 2009

                                                      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                      • Agenda
                                                      • Attachment 1
                                                      • Attachment 2
                                                      • Attachment 3
                                                      • Attachment 4
                                                      • Attachment 5

                                                        November 24 2008 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                        Executive Summary

                                                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                        escalator news based on articles and Web sites stories printed between May 1 2008 and November 24

                                                        2008 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                        General Information

                                                        bull Documentation from the US Consumer Product Safety Commission (CPSC) on the issue outlines 77

                                                        soft-shoe entrapments on escalators since January 2006 and issuance of a warning on May 13th 2008

                                                        Although the CPSC does not name Crocs specifically they do mention ldquopopular soft-sided flexible clogs

                                                        and slidesrdquo (see Addendum A)

                                                        o This is the most recent news the CPSC has issued on the subject

                                                        Incidents and Responses

                                                        bull Multiple incidents have been reported with where children wearing crocs on escalators escape injury In

                                                        these instances the reports state that the parents have chosen not to file suits (see Addendums B amp C)

                                                        Because this seems to happen on several occasions per month it is difficult to come up with an estimate

                                                        of how many of these cases go undocumented

                                                        bull From a report in early 2008 an eight-year-old girl wearing Crocs got her foot caught on the side of an

                                                        escalator She freed her foot but attempted to retrieve the shoe causing her hand to become caught

                                                        The injury received required extensive surgery ndash no word could be found on if a lawsuit was filed

                                                        bull Lawyers for children that have been hurt by these shoes on escalators state that the Crocs Company

                                                        blames the escalator industry and inattentive parents but argues that this could only be the case if the

                                                        same escalator had been involved in each incident

                                                        bull Several airports and other locations where these incidents are occurring are introducing new safety

                                                        measures in response to these types of incidents

                                                        o Recently the Hartsfield-Jackson International Airport in Atlanta GA introduced a 35-second

                                                        public service announcement that airs every five minutes

                                                        o The Washington Metro system has posted warnings about wearing soft-soled shoes on its

                                                        moving stairways in the past several months

                                                        2

                                                        Lawsuits

                                                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                                        coverage since May 1 2008 These include but are not limited to

                                                        o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                                        o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                                        Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                                        bull The same attorney is handling all three aforementioned cases and has settled two other

                                                        cases with Crocs but refuses to comment on them

                                                        o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                                        Crocs on an escalator in Japan was permanently injured and is now suing the company

                                                        Crocsrsquo Response

                                                        bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                                        after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                                        November of 2007

                                                        o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                                        the clogs and contended that the riding behavior and escalator design and maintenance

                                                        caused the accidentsrdquo (See Addendum D)

                                                        o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                                        requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                                        whether this new design will be introduced in other countries as well or if the new shoes were a

                                                        direct result of authorities requirements in Japan (See Addendum E)

                                                        bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                        safety awareness initiative release in its press release section dated July 22 2008

                                                        bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                                        aimed at elevator safety (Addendum F)

                                                        bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                                        investigations No mention or results from these investigations have been concluded andor released to

                                                        the public yet

                                                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                        spring 2009 line (See Addendum G)

                                                        Please Note

                                                        For additional review purposes older articles and news clippings can be found at

                                                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                        many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                                        hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                                        3

                                                        Addendum A

                                                        NEWS from CPSC

                                                        US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                        FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                        CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                        Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                        WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                        The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                        Here are some steps you can take to prevent escalator injuries

                                                        bull Make sure shoes are tied before getting on an escalator

                                                        bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                        bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                        bull Do not bring children onto escalators in strollers walkers or carts

                                                        bull Always face forward and hold the handrail

                                                        bull Avoid the sides of steps where entrapment can occur

                                                        bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                        4

                                                        Addendum B

                                                        UPDATED 1029 pm August 01 2008

                                                        In 3 accidents soft shoes caught side of escalator

                                                        Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                        Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                        Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                        A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                        Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                        The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                        Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                        Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                        Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                        Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                        5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                        I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                        -- Staff writer John Perry contributed to this article

                                                        6

                                                        Addendum C

                                                        A photo and description from a Straits Times Paper

                                                        7

                                                        Addendum D

                                                        Addendum E Addendum E

                                                        8

                                                        Crocs sandals go on sale after firm makes them safer

                                                        The Yomiuri Shimbun

                                                        The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                        The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                        According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                        (Nov 2 2008)

                                                        9

                                                        Addendum F

                                                        10

                                                        Addendum G

                                                        Kids wearing croc sandals beware

                                                        Sat Oct 11 2008 The Straits Times

                                                        In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                        By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                        Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                        March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                        Executive Summary

                                                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                        escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                        2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                        General Information

                                                        bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                        ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                        bloggers link to past stories appealing to a smaller more focused audience

                                                        Incidents and Responses

                                                        bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                        National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                        Inc for more than $75 million in damages

                                                        Lawsuits

                                                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                        coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                        o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                        Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                        his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                        Crocsrsquo Response

                                                        bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                        safety awareness initiative release in its press release section dated July 22 2008

                                                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                        spring 2009 line (See Addendum E)

                                                        2

                                                        Please Note

                                                        For additional review purposes older articles and news clippings can be found at

                                                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                        many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                        Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                        Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                        3

                                                        Addendum B

                                                        Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                        4

                                                        Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                        5

                                                        Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                        6

                                                        Addendum E

                                                        Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                        7

                                                        Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                        8

                                                        992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                        9

                                                        Addendum G

                                                        Croc Shoes News (blog)

                                                        Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                        Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                        10

                                                        if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                        11

                                                        Addendum H

                                                        MomLogic (blog) Should Crocs Be Banned

                                                        MONDAY MARCH 16 2009 filed under legal

                                                        A mom says shes suing Crocs to keep kids safe

                                                        Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                        Hes not the only one

                                                        When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                        According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                        From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                        There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                        What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                        I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                        Said Attorney Andrew M Laskin

                                                        Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                        12

                                                        In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                        That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                        Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                        The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                        Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                        Will this lawsuit stop you from buying Crocs for your kids

                                                        13

                                                        Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                        As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                        14

                                                        Addendum J Good things in life(blog)

                                                        Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                        httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                        15

                                                        Addendum K A blog entry that posted February 21 2009

                                                        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                        • Agenda
                                                        • Attachment 1
                                                        • Attachment 2
                                                        • Attachment 3
                                                        • Attachment 4
                                                        • Attachment 5

                                                          2

                                                          Lawsuits

                                                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received prominent news

                                                          coverage since May 1 2008 These include but are not limited to

                                                          o Suits filed in Los Angeles CA and a $4 million dollar suit filed in July in Louisville KY

                                                          o A lawsuit filed on August 26 by Clark Meyer the father of a 4-year-old boy identified as AM

                                                          Meyer seeks $2 million in damages for severe and permanent damaged to his sonrsquos right foot

                                                          bull The same attorney is handling all three aforementioned cases and has settled two other

                                                          cases with Crocs but refuses to comment on them

                                                          o The most recently recorded incident was on Sept 20 2008 when a four-year-old girl wearing

                                                          Crocs on an escalator in Japan was permanently injured and is now suing the company

                                                          Crocsrsquo Response

                                                          bull In Japan and the Philippines authorities have persisted in asking Crocs to change the footwears design

                                                          after receiving 65 complaints of Crocs and knock-offs becoming stuck in escalators between June and

                                                          November of 2007

                                                          o On October 1st 2008 Crocs responded to this request by stating that they ldquowould not redesign

                                                          the clogs and contended that the riding behavior and escalator design and maintenance

                                                          caused the accidentsrdquo (See Addendum D)

                                                          o On November 2nd 2008 a news article reported that the company responded to authoritiesrsquo

                                                          requests in Japan by redesigning a new line to be put on shelves by mid-November It is unclear

                                                          whether this new design will be introduced in other countries as well or if the new shoes were a

                                                          direct result of authorities requirements in Japan (See Addendum E)

                                                          bull As of October 2008 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                          safety awareness initiative release in its press release section dated July 22 2008

                                                          bull On the Japanese version of the Crocs Web site there is a picture and description on the front page

                                                          aimed at elevator safety (Addendum F)

                                                          bull In June Crocs said to CPSC it was aware of 186 accidents involving Crocs and initiated safety

                                                          investigations No mention or results from these investigations have been concluded andor released to

                                                          the public yet

                                                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                          spring 2009 line (See Addendum G)

                                                          Please Note

                                                          For additional review purposes older articles and news clippings can be found at

                                                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                          many accidents from overseas and parentrsquos reactions to accidents involving rubber clogs and escalators

                                                          hwpdocsneii crocs ad-hoc steering committeecrocs news summary nov 08doc

                                                          3

                                                          Addendum A

                                                          NEWS from CPSC

                                                          US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                          FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                          CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                          Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                          WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                          The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                          Here are some steps you can take to prevent escalator injuries

                                                          bull Make sure shoes are tied before getting on an escalator

                                                          bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                          bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                          bull Do not bring children onto escalators in strollers walkers or carts

                                                          bull Always face forward and hold the handrail

                                                          bull Avoid the sides of steps where entrapment can occur

                                                          bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                          4

                                                          Addendum B

                                                          UPDATED 1029 pm August 01 2008

                                                          In 3 accidents soft shoes caught side of escalator

                                                          Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                          Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                          Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                          A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                          Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                          The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                          Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                          Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                          Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                          Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                          5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                          I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                          -- Staff writer John Perry contributed to this article

                                                          6

                                                          Addendum C

                                                          A photo and description from a Straits Times Paper

                                                          7

                                                          Addendum D

                                                          Addendum E Addendum E

                                                          8

                                                          Crocs sandals go on sale after firm makes them safer

                                                          The Yomiuri Shimbun

                                                          The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                          The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                          According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                          (Nov 2 2008)

                                                          9

                                                          Addendum F

                                                          10

                                                          Addendum G

                                                          Kids wearing croc sandals beware

                                                          Sat Oct 11 2008 The Straits Times

                                                          In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                          By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                          Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                          March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                          Executive Summary

                                                          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                          escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                          2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                          General Information

                                                          bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                          ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                          bloggers link to past stories appealing to a smaller more focused audience

                                                          Incidents and Responses

                                                          bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                          National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                          Inc for more than $75 million in damages

                                                          Lawsuits

                                                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                          coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                          o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                          Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                          his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                          Crocsrsquo Response

                                                          bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                          safety awareness initiative release in its press release section dated July 22 2008

                                                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                          spring 2009 line (See Addendum E)

                                                          2

                                                          Please Note

                                                          For additional review purposes older articles and news clippings can be found at

                                                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                          many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                          Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                          Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                          3

                                                          Addendum B

                                                          Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                          4

                                                          Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                          5

                                                          Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                          6

                                                          Addendum E

                                                          Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                          7

                                                          Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                          8

                                                          992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                          9

                                                          Addendum G

                                                          Croc Shoes News (blog)

                                                          Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                          Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                          10

                                                          if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                          11

                                                          Addendum H

                                                          MomLogic (blog) Should Crocs Be Banned

                                                          MONDAY MARCH 16 2009 filed under legal

                                                          A mom says shes suing Crocs to keep kids safe

                                                          Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                          Hes not the only one

                                                          When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                          According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                          From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                          There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                          What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                          I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                          Said Attorney Andrew M Laskin

                                                          Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                          12

                                                          In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                          That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                          Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                          The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                          Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                          Will this lawsuit stop you from buying Crocs for your kids

                                                          13

                                                          Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                          As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                          14

                                                          Addendum J Good things in life(blog)

                                                          Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                          httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                          15

                                                          Addendum K A blog entry that posted February 21 2009

                                                          Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                          • Agenda
                                                          • Attachment 1
                                                          • Attachment 2
                                                          • Attachment 3
                                                          • Attachment 4
                                                          • Attachment 5

                                                            3

                                                            Addendum A

                                                            NEWS from CPSC

                                                            US Consumer Product Safety Commission Office of Information and Public Affairs Washington DC 20207

                                                            FOR IMMEDIATE RELEASE May 13 2008 Release 08-264

                                                            CPSC Hotline (800) 638-2772 CPSC Media Contact (301) 504-7908

                                                            Know the Steps to Safety When Using Escalators Some shoes more likely than others to pose risk

                                                            WASHINGTON DC - Each year the ride between floors is made easier when an estimated 90 billion riders use an escalator Although most of those rides are without incident the CPSC estimates there were approximately 11000 escalator related injuries in 2007 The majority of these injuries are from falls but 10 percent occur when hands feet or shoes are trapped in escalators

                                                            The most common entrapment is to the foot Soft-sided shoes are the most likely to get stuck and pose the possibility of injury to the rider CPSC is aware of 77 entrapment incidents since January 2006 with about half resulting in injury All but two of the incidents involved popular soft-sided flexible clogs and slides

                                                            Here are some steps you can take to prevent escalator injuries

                                                            bull Make sure shoes are tied before getting on an escalator

                                                            bull Stand in the center of the step and be sure to step off of the escalator at the end of your ride

                                                            bull Always hold childrens hands on escalators and do not permit children to sit or play on the steps

                                                            bull Do not bring children onto escalators in strollers walkers or carts

                                                            bull Always face forward and hold the handrail

                                                            bull Avoid the sides of steps where entrapment can occur

                                                            bull Learn where the emergency shutoff buttons are in case you need to stop the escalator

                                                            4

                                                            Addendum B

                                                            UPDATED 1029 pm August 01 2008

                                                            In 3 accidents soft shoes caught side of escalator

                                                            Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                            Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                            Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                            A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                            Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                            The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                            Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                            Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                            Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                            Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                            5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                            I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                            -- Staff writer John Perry contributed to this article

                                                            6

                                                            Addendum C

                                                            A photo and description from a Straits Times Paper

                                                            7

                                                            Addendum D

                                                            Addendum E Addendum E

                                                            8

                                                            Crocs sandals go on sale after firm makes them safer

                                                            The Yomiuri Shimbun

                                                            The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                            The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                            According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                            (Nov 2 2008)

                                                            9

                                                            Addendum F

                                                            10

                                                            Addendum G

                                                            Kids wearing croc sandals beware

                                                            Sat Oct 11 2008 The Straits Times

                                                            In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                            By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                            Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                            March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                            Executive Summary

                                                            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                            escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                            2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                            General Information

                                                            bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                            ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                            bloggers link to past stories appealing to a smaller more focused audience

                                                            Incidents and Responses

                                                            bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                            National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                            Inc for more than $75 million in damages

                                                            Lawsuits

                                                            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                            coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                            o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                            Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                            his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                            Crocsrsquo Response

                                                            bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                            safety awareness initiative release in its press release section dated July 22 2008

                                                            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                            few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                            spring 2009 line (See Addendum E)

                                                            2

                                                            Please Note

                                                            For additional review purposes older articles and news clippings can be found at

                                                            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                            many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                            Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                            Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                            3

                                                            Addendum B

                                                            Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                            4

                                                            Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                            5

                                                            Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                            6

                                                            Addendum E

                                                            Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                            7

                                                            Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                            8

                                                            992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                            9

                                                            Addendum G

                                                            Croc Shoes News (blog)

                                                            Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                            Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                            10

                                                            if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                            11

                                                            Addendum H

                                                            MomLogic (blog) Should Crocs Be Banned

                                                            MONDAY MARCH 16 2009 filed under legal

                                                            A mom says shes suing Crocs to keep kids safe

                                                            Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                            Hes not the only one

                                                            When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                            According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                            From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                            There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                            What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                            I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                            Said Attorney Andrew M Laskin

                                                            Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                            12

                                                            In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                            That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                            Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                            The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                            Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                            Will this lawsuit stop you from buying Crocs for your kids

                                                            13

                                                            Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                            As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                            14

                                                            Addendum J Good things in life(blog)

                                                            Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                            httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                            15

                                                            Addendum K A blog entry that posted February 21 2009

                                                            Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                            • Agenda
                                                            • Attachment 1
                                                            • Attachment 2
                                                            • Attachment 3
                                                            • Attachment 4
                                                            • Attachment 5

                                                              4

                                                              Addendum B

                                                              UPDATED 1029 pm August 01 2008

                                                              In 3 accidents soft shoes caught side of escalator

                                                              Hartsfield-Jackson airport says footwear is the problem By JEREMY REDMON MARCUS K GARNER The Atlanta Journal-Constitution Published on 080108

                                                              Lesley Grinberg of Sandy Springs already hated her sons Crocs So when 7-year-old Ari found his shoes trapped in a Hartsfield-Jackson International Airport escalator on Wednesday her only concern was his safety I freaked and I remembered what had happened in other cases Grinberg said of escalators gobbling up the popular rubbery clog-like shoes and the childrens feet inside

                                                              Ari escaped unharmed but his was one of three incidents this week in which childrens shoes were grabbed by the airport escalators and among at least half a dozen dating to the spring Two other young boys suffered injuries at the airport this week when their soft shoes got caught in the escalator -- and similar accidents have been reported across the country

                                                              A 7-year-old boy who was injured Tuesday was wearing Crocs said airport spokesman Herschel Grangent He suffered lacerations on a foot Grangent said And a 4-year-old who suffered injuries Thursday was wearing flip-flops Grangent said though a representative from the company that maintains the airports escalators described them as sandals Grangent did not know that boys condition

                                                              Both children were injured after their shoes got caught between the moving stairs and the sides or skirts of the escalators Grangent said The issue has been the footwear that people have been wearing Grangent said I dont have any specific information but we have seen some indications that it is happening all over the world in malls and other airports and other buildings

                                                              The state Labor Department which is responsible for inspecting elevators has documented four other similar incidents at Hartsfield since April of last year according to public records Three involved children wearing Crocs The US Consumer Product Safety Commission issued a warning about such shoes in May At the time the commission said it had tracked 77 such entrapment incidents since January 2006 with about half resulting in injury

                                                              Crocs spokeswoman Tia Mattson said her companys polyurethane shoes dont render wearers any more susceptible to escalator accidents than any other shoes Two weeks ago Andrew Meyer one of the children whose accidents were recently reported by the Labor Department suffered several broken toes when his Crocs were caught in a Hartsfield-Jackson escalator said his mother Belinda Skelton

                                                              Two-thirds of the way down I heard pop pop snap what I realized was Andrews toes breaking Skelton said We came within millimeters of losing [his] big toe Two of Andrews toes were broken with one of them needing a pin the skin cut to the bone

                                                              Andrew she said is recovering after surgery and is on his second cast unable to put any weight on his right foot You try keeping a 4-year-old from walking said Skelton who produces the Neal Boortz show on WSB radio a station that is owned by The Atlanta Journal-Constitutions parent company Cox Enterprises Inc Asked for copies of this weeks accident reports concerning the escalators Grangent referred the AJC to the company that manages them for the airport Atlanta Airlines Terminal Corp Kim Vagher the corporations executive director referred the AJC to the state Department of Labor for copies of the reports

                                                              Earl Everett who is in charge of the Labor Departments elevator inspections said his agencys reports on this weeks accidents are not yet complete But his inspectors have examined the escalators since the accidents and have determined they meet state code and are safe Everett said They are very safe for people to get on them But if you are wearing Crocs stand in the center of the stair said Everett who happened to be wearing a pair of camouflage-colored Crocs as he spoke to the AJC in his Atlanta office

                                                              5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                              I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                              -- Staff writer John Perry contributed to this article

                                                              6

                                                              Addendum C

                                                              A photo and description from a Straits Times Paper

                                                              7

                                                              Addendum D

                                                              Addendum E Addendum E

                                                              8

                                                              Crocs sandals go on sale after firm makes them safer

                                                              The Yomiuri Shimbun

                                                              The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                              The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                              According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                              (Nov 2 2008)

                                                              9

                                                              Addendum F

                                                              10

                                                              Addendum G

                                                              Kids wearing croc sandals beware

                                                              Sat Oct 11 2008 The Straits Times

                                                              In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                              By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                              Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                              March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                              Executive Summary

                                                              The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                              escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                              2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                              articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                              counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                              General Information

                                                              bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                              ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                              bloggers link to past stories appealing to a smaller more focused audience

                                                              Incidents and Responses

                                                              bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                              National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                              Inc for more than $75 million in damages

                                                              Lawsuits

                                                              bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                              coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                              o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                              Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                              his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                              Crocsrsquo Response

                                                              bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                              safety awareness initiative release in its press release section dated July 22 2008

                                                              bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                              Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                              few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                              spring 2009 line (See Addendum E)

                                                              2

                                                              Please Note

                                                              For additional review purposes older articles and news clippings can be found at

                                                              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                              many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                              Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                              Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                              3

                                                              Addendum B

                                                              Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                              4

                                                              Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                              5

                                                              Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                              6

                                                              Addendum E

                                                              Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                              7

                                                              Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                              8

                                                              992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                              9

                                                              Addendum G

                                                              Croc Shoes News (blog)

                                                              Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                              Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                              10

                                                              if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                              11

                                                              Addendum H

                                                              MomLogic (blog) Should Crocs Be Banned

                                                              MONDAY MARCH 16 2009 filed under legal

                                                              A mom says shes suing Crocs to keep kids safe

                                                              Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                              Hes not the only one

                                                              When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                              According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                              From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                              There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                              What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                              I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                              Said Attorney Andrew M Laskin

                                                              Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                              12

                                                              In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                              That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                              Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                              The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                              Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                              Will this lawsuit stop you from buying Crocs for your kids

                                                              13

                                                              Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                              As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                              14

                                                              Addendum J Good things in life(blog)

                                                              Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                              httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                              15

                                                              Addendum K A blog entry that posted February 21 2009

                                                              Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                              • Agenda
                                                              • Attachment 1
                                                              • Attachment 2
                                                              • Attachment 3
                                                              • Attachment 4
                                                              • Attachment 5

                                                                5 This week Hartsfield posted signs and started airing public announcements throughout the airport warning people to be careful while wearing soft shoes on the escalators Grangent said Mariettas David Gray said his then-3-year-old daughter Natalie was hurt when her Crocs were caught in a Hartsfield escalator in April But Gray blames the escalator rather than the shoe manufacturer

                                                                I think it could happen with any shoe he said The fact that a small foot can get caught under that [escalator] skirt is a problem Natalie Gray got her feet wedged in between the escalator step and the skirt No bones were broken and Gray said he learned a lesson In hindsight parents shouldnt be taking their small kids on the escalator he said Not when youre traveling with baggage and dont have hands free to watch your child

                                                                -- Staff writer John Perry contributed to this article

                                                                6

                                                                Addendum C

                                                                A photo and description from a Straits Times Paper

                                                                7

                                                                Addendum D

                                                                Addendum E Addendum E

                                                                8

                                                                Crocs sandals go on sale after firm makes them safer

                                                                The Yomiuri Shimbun

                                                                The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                                The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                                According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                                (Nov 2 2008)

                                                                9

                                                                Addendum F

                                                                10

                                                                Addendum G

                                                                Kids wearing croc sandals beware

                                                                Sat Oct 11 2008 The Straits Times

                                                                In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                                By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                                Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                                March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                Executive Summary

                                                                The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                General Information

                                                                bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                bloggers link to past stories appealing to a smaller more focused audience

                                                                Incidents and Responses

                                                                bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                Inc for more than $75 million in damages

                                                                Lawsuits

                                                                bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                Crocsrsquo Response

                                                                bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                safety awareness initiative release in its press release section dated July 22 2008

                                                                bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                spring 2009 line (See Addendum E)

                                                                2

                                                                Please Note

                                                                For additional review purposes older articles and news clippings can be found at

                                                                httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                3

                                                                Addendum B

                                                                Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                4

                                                                Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                5

                                                                Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                6

                                                                Addendum E

                                                                Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                7

                                                                Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                8

                                                                992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                9

                                                                Addendum G

                                                                Croc Shoes News (blog)

                                                                Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                10

                                                                if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                11

                                                                Addendum H

                                                                MomLogic (blog) Should Crocs Be Banned

                                                                MONDAY MARCH 16 2009 filed under legal

                                                                A mom says shes suing Crocs to keep kids safe

                                                                Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                Hes not the only one

                                                                When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                Said Attorney Andrew M Laskin

                                                                Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                12

                                                                In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                Will this lawsuit stop you from buying Crocs for your kids

                                                                13

                                                                Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                14

                                                                Addendum J Good things in life(blog)

                                                                Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                15

                                                                Addendum K A blog entry that posted February 21 2009

                                                                Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                • Agenda
                                                                • Attachment 1
                                                                • Attachment 2
                                                                • Attachment 3
                                                                • Attachment 4
                                                                • Attachment 5

                                                                  6

                                                                  Addendum C

                                                                  A photo and description from a Straits Times Paper

                                                                  7

                                                                  Addendum D

                                                                  Addendum E Addendum E

                                                                  8

                                                                  Crocs sandals go on sale after firm makes them safer

                                                                  The Yomiuri Shimbun

                                                                  The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                                  The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                                  According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                                  (Nov 2 2008)

                                                                  9

                                                                  Addendum F

                                                                  10

                                                                  Addendum G

                                                                  Kids wearing croc sandals beware

                                                                  Sat Oct 11 2008 The Straits Times

                                                                  In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                                  By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                                  Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                                  March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                  Executive Summary

                                                                  The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                  escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                  2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                  articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                  counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                  General Information

                                                                  bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                  ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                  bloggers link to past stories appealing to a smaller more focused audience

                                                                  Incidents and Responses

                                                                  bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                  National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                  Inc for more than $75 million in damages

                                                                  Lawsuits

                                                                  bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                  coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                  o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                  Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                  his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                  Crocsrsquo Response

                                                                  bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                  safety awareness initiative release in its press release section dated July 22 2008

                                                                  bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                  Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                  few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                  spring 2009 line (See Addendum E)

                                                                  2

                                                                  Please Note

                                                                  For additional review purposes older articles and news clippings can be found at

                                                                  httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                  many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                  Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                  Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                  3

                                                                  Addendum B

                                                                  Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                  4

                                                                  Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                  5

                                                                  Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                  6

                                                                  Addendum E

                                                                  Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                  7

                                                                  Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                  8

                                                                  992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                  9

                                                                  Addendum G

                                                                  Croc Shoes News (blog)

                                                                  Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                  Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                  10

                                                                  if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                  11

                                                                  Addendum H

                                                                  MomLogic (blog) Should Crocs Be Banned

                                                                  MONDAY MARCH 16 2009 filed under legal

                                                                  A mom says shes suing Crocs to keep kids safe

                                                                  Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                  Hes not the only one

                                                                  When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                  According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                  From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                  There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                  What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                  I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                  Said Attorney Andrew M Laskin

                                                                  Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                  12

                                                                  In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                  That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                  Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                  The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                  Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                  Will this lawsuit stop you from buying Crocs for your kids

                                                                  13

                                                                  Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                  As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                  14

                                                                  Addendum J Good things in life(blog)

                                                                  Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                  httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                  15

                                                                  Addendum K A blog entry that posted February 21 2009

                                                                  Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                  • Agenda
                                                                  • Attachment 1
                                                                  • Attachment 2
                                                                  • Attachment 3
                                                                  • Attachment 4
                                                                  • Attachment 5

                                                                    7

                                                                    Addendum D

                                                                    Addendum E Addendum E

                                                                    8

                                                                    Crocs sandals go on sale after firm makes them safer

                                                                    The Yomiuri Shimbun

                                                                    The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                                    The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                                    According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                                    (Nov 2 2008)

                                                                    9

                                                                    Addendum F

                                                                    10

                                                                    Addendum G

                                                                    Kids wearing croc sandals beware

                                                                    Sat Oct 11 2008 The Straits Times

                                                                    In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                                    By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                                    Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                                    March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                    Executive Summary

                                                                    The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                    escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                    2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                    articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                    counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                    General Information

                                                                    bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                    ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                    bloggers link to past stories appealing to a smaller more focused audience

                                                                    Incidents and Responses

                                                                    bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                    National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                    Inc for more than $75 million in damages

                                                                    Lawsuits

                                                                    bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                    coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                    o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                    Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                    his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                    Crocsrsquo Response

                                                                    bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                    safety awareness initiative release in its press release section dated July 22 2008

                                                                    bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                    Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                    few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                    spring 2009 line (See Addendum E)

                                                                    2

                                                                    Please Note

                                                                    For additional review purposes older articles and news clippings can be found at

                                                                    httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                    many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                    Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                    Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                    3

                                                                    Addendum B

                                                                    Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                    4

                                                                    Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                    5

                                                                    Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                    6

                                                                    Addendum E

                                                                    Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                    7

                                                                    Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                    8

                                                                    992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                    9

                                                                    Addendum G

                                                                    Croc Shoes News (blog)

                                                                    Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                    Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                    10

                                                                    if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                    11

                                                                    Addendum H

                                                                    MomLogic (blog) Should Crocs Be Banned

                                                                    MONDAY MARCH 16 2009 filed under legal

                                                                    A mom says shes suing Crocs to keep kids safe

                                                                    Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                    Hes not the only one

                                                                    When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                    According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                    From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                    There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                    What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                    I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                    Said Attorney Andrew M Laskin

                                                                    Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                    12

                                                                    In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                    That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                    Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                    The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                    Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                    Will this lawsuit stop you from buying Crocs for your kids

                                                                    13

                                                                    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                    14

                                                                    Addendum J Good things in life(blog)

                                                                    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                    15

                                                                    Addendum K A blog entry that posted February 21 2009

                                                                    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                    • Agenda
                                                                    • Attachment 1
                                                                    • Attachment 2
                                                                    • Attachment 3
                                                                    • Attachment 4
                                                                    • Attachment 5

                                                                      8

                                                                      Crocs sandals go on sale after firm makes them safer

                                                                      The Yomiuri Shimbun

                                                                      The popular Crocs resin sandal has again hit store shelves after being redesigned following a series of accidents in which the shoes were caught in escalators

                                                                      The Japan office of US footwear maker Crocs Inc put the redesigned sandals on sale Friday

                                                                      According to Crocs the new design is aimed at children and has been altered to prevent such accidents The resin material used has been hardened the toe section thickened and the sandals have been coated in silicone

                                                                      (Nov 2 2008)

                                                                      9

                                                                      Addendum F

                                                                      10

                                                                      Addendum G

                                                                      Kids wearing croc sandals beware

                                                                      Sat Oct 11 2008 The Straits Times

                                                                      In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                                      By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                                      Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                                      March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                      Executive Summary

                                                                      The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                      escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                      2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                      articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                      counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                      General Information

                                                                      bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                      ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                      bloggers link to past stories appealing to a smaller more focused audience

                                                                      Incidents and Responses

                                                                      bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                      National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                      Inc for more than $75 million in damages

                                                                      Lawsuits

                                                                      bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                      coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                      o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                      Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                      his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                      Crocsrsquo Response

                                                                      bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                      safety awareness initiative release in its press release section dated July 22 2008

                                                                      bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                      Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                      few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                      spring 2009 line (See Addendum E)

                                                                      2

                                                                      Please Note

                                                                      For additional review purposes older articles and news clippings can be found at

                                                                      httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                      many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                      Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                      Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                      3

                                                                      Addendum B

                                                                      Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                      4

                                                                      Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                      5

                                                                      Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                      6

                                                                      Addendum E

                                                                      Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                      7

                                                                      Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                      8

                                                                      992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                      9

                                                                      Addendum G

                                                                      Croc Shoes News (blog)

                                                                      Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                      Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                      10

                                                                      if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                      11

                                                                      Addendum H

                                                                      MomLogic (blog) Should Crocs Be Banned

                                                                      MONDAY MARCH 16 2009 filed under legal

                                                                      A mom says shes suing Crocs to keep kids safe

                                                                      Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                      Hes not the only one

                                                                      When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                      According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                      From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                      There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                      What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                      I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                      Said Attorney Andrew M Laskin

                                                                      Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                      12

                                                                      In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                      That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                      Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                      The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                      Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                      Will this lawsuit stop you from buying Crocs for your kids

                                                                      13

                                                                      Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                      As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                      14

                                                                      Addendum J Good things in life(blog)

                                                                      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                      15

                                                                      Addendum K A blog entry that posted February 21 2009

                                                                      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                      • Agenda
                                                                      • Attachment 1
                                                                      • Attachment 2
                                                                      • Attachment 3
                                                                      • Attachment 4
                                                                      • Attachment 5

                                                                        9

                                                                        Addendum F

                                                                        10

                                                                        Addendum G

                                                                        Kids wearing croc sandals beware

                                                                        Sat Oct 11 2008 The Straits Times

                                                                        In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                                        By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                                        Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                                        March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                        Executive Summary

                                                                        The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                        escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                        2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                        articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                        counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                        General Information

                                                                        bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                        ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                        bloggers link to past stories appealing to a smaller more focused audience

                                                                        Incidents and Responses

                                                                        bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                        National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                        Inc for more than $75 million in damages

                                                                        Lawsuits

                                                                        bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                        coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                        o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                        Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                        his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                        Crocsrsquo Response

                                                                        bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                        safety awareness initiative release in its press release section dated July 22 2008

                                                                        bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                        Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                        few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                        spring 2009 line (See Addendum E)

                                                                        2

                                                                        Please Note

                                                                        For additional review purposes older articles and news clippings can be found at

                                                                        httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                        many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                        Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                        Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                        3

                                                                        Addendum B

                                                                        Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                        4

                                                                        Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                        5

                                                                        Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                        6

                                                                        Addendum E

                                                                        Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                        7

                                                                        Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                        8

                                                                        992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                        9

                                                                        Addendum G

                                                                        Croc Shoes News (blog)

                                                                        Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                        Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                        10

                                                                        if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                        11

                                                                        Addendum H

                                                                        MomLogic (blog) Should Crocs Be Banned

                                                                        MONDAY MARCH 16 2009 filed under legal

                                                                        A mom says shes suing Crocs to keep kids safe

                                                                        Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                        Hes not the only one

                                                                        When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                        According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                        From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                        There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                        What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                        I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                        Said Attorney Andrew M Laskin

                                                                        Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                        12

                                                                        In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                        That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                        Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                        The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                        Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                        Will this lawsuit stop you from buying Crocs for your kids

                                                                        13

                                                                        Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                        As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                        14

                                                                        Addendum J Good things in life(blog)

                                                                        Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                        httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                        15

                                                                        Addendum K A blog entry that posted February 21 2009

                                                                        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                        • Agenda
                                                                        • Attachment 1
                                                                        • Attachment 2
                                                                        • Attachment 3
                                                                        • Attachment 4
                                                                        • Attachment 5

                                                                          10

                                                                          Addendum G

                                                                          Kids wearing croc sandals beware

                                                                          Sat Oct 11 2008 The Straits Times

                                                                          In an effort to alert buyers to safe practices on escalators the maker of Crocs has started to include safety information tags with its resin sandals which are hugely popular with adults and children

                                                                          By its spring collection next year the Colorado-based firm will have escalator-safety messages on all its sandals including those sold here

                                                                          Its move announced in July comes in the wake of accidents around the world in which young children especially have suffered injuries when their toes got snagged while riding escalators

                                                                          March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                          Executive Summary

                                                                          The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                          escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                          2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                          articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                          counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                          General Information

                                                                          bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                          ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                          bloggers link to past stories appealing to a smaller more focused audience

                                                                          Incidents and Responses

                                                                          bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                          National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                          Inc for more than $75 million in damages

                                                                          Lawsuits

                                                                          bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                          coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                          o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                          Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                          his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                          Crocsrsquo Response

                                                                          bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                          safety awareness initiative release in its press release section dated July 22 2008

                                                                          bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                          Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                          few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                          spring 2009 line (See Addendum E)

                                                                          2

                                                                          Please Note

                                                                          For additional review purposes older articles and news clippings can be found at

                                                                          httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                          many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                          Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                          Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                          3

                                                                          Addendum B

                                                                          Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                          4

                                                                          Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                          5

                                                                          Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                          6

                                                                          Addendum E

                                                                          Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                          7

                                                                          Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                          8

                                                                          992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                          9

                                                                          Addendum G

                                                                          Croc Shoes News (blog)

                                                                          Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                          Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                          10

                                                                          if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                          11

                                                                          Addendum H

                                                                          MomLogic (blog) Should Crocs Be Banned

                                                                          MONDAY MARCH 16 2009 filed under legal

                                                                          A mom says shes suing Crocs to keep kids safe

                                                                          Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                          Hes not the only one

                                                                          When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                          According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                          From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                          There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                          What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                          I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                          Said Attorney Andrew M Laskin

                                                                          Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                          12

                                                                          In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                          That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                          Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                          The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                          Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                          Will this lawsuit stop you from buying Crocs for your kids

                                                                          13

                                                                          Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                          As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                          14

                                                                          Addendum J Good things in life(blog)

                                                                          Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                          httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                          15

                                                                          Addendum K A blog entry that posted February 21 2009

                                                                          Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                          • Agenda
                                                                          • Attachment 1
                                                                          • Attachment 2
                                                                          • Attachment 3
                                                                          • Attachment 4
                                                                          • Attachment 5

                                                                            March 23 2009 To NEII Ad-hoc Task Group From Gibbs amp Soell Inc Re Media Analysis of Crocs-Related Escalator Issue

                                                                            Executive Summary

                                                                            The following report is an updated top-line analysis of media highlights and coverage of Crocstrade-related

                                                                            escalator news based on articles and Web site stories printed between November 24th 2008 and March 23rd

                                                                            2009 Recently the number of escalator related incidents seems to be on the decline with fewer news

                                                                            articles and coverage as a result In an effort to proactively monitor this issue and provide ongoing strategic

                                                                            counsel to the NEII Crocs Ad-Hoc Task Group GampS will continue to provide regular updates

                                                                            General Information

                                                                            bull While news media coverage has slowed an emerging trend has been an increase in coverage by

                                                                            ldquomommy-bloggersrdquo concerned about the safety of their children Acting as extensions of the news cycle

                                                                            bloggers link to past stories appealing to a smaller more focused audience

                                                                            Incidents and Responses

                                                                            bull From a report in April of 2008 a six-year-old boy wearing Crocs got his foot caught in an escalator at the

                                                                            National Aquarium in Baltimore The boy injured his toe causing the family to file a lawsuit against Crocs

                                                                            Inc for more than $75 million in damages

                                                                            Lawsuits

                                                                            bull Multi-million dollar lawsuits involving Crocs and escalator-related injures have received minimal news

                                                                            coverage since November 24th 2008 The primary instance is the Baltimore Aquarium lawsuit (above)

                                                                            o The most recent issue was filed on December 4th 2008 after a six-year-old Pennsylvania boyrsquos

                                                                            Crocs clog became stuck in an escalator at the National Aquarium in Baltimore in April injuring

                                                                            his toe The family is now claiming more than $75 million in a lawsuit filed against Crocs Inc

                                                                            Crocsrsquo Response

                                                                            bull As of March 2009 Crocsrsquo US Web site makes no mention of escalator safety other than a link to its

                                                                            safety awareness initiative release in its press release section dated July 22 2008

                                                                            bull Hang tags with educational escalator safety messages will begin to appear on Crocs shoes sold through

                                                                            Crocs retailers and company-owned outlets including its online store (wwwcrocscom) within the next

                                                                            few months The company plans to have the educational hang tag fully implemented by the rollout of its

                                                                            spring 2009 line (See Addendum E)

                                                                            2

                                                                            Please Note

                                                                            For additional review purposes older articles and news clippings can be found at

                                                                            httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                            many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                            Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                            Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                            3

                                                                            Addendum B

                                                                            Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                            4

                                                                            Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                            5

                                                                            Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                            6

                                                                            Addendum E

                                                                            Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                            7

                                                                            Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                            8

                                                                            992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                            9

                                                                            Addendum G

                                                                            Croc Shoes News (blog)

                                                                            Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                            Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                            10

                                                                            if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                            11

                                                                            Addendum H

                                                                            MomLogic (blog) Should Crocs Be Banned

                                                                            MONDAY MARCH 16 2009 filed under legal

                                                                            A mom says shes suing Crocs to keep kids safe

                                                                            Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                            Hes not the only one

                                                                            When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                            According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                            From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                            There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                            What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                            I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                            Said Attorney Andrew M Laskin

                                                                            Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                            12

                                                                            In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                            That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                            Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                            The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                            Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                            Will this lawsuit stop you from buying Crocs for your kids

                                                                            13

                                                                            Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                            As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                            14

                                                                            Addendum J Good things in life(blog)

                                                                            Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                            httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                            15

                                                                            Addendum K A blog entry that posted February 21 2009

                                                                            Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                            • Agenda
                                                                            • Attachment 1
                                                                            • Attachment 2
                                                                            • Attachment 3
                                                                            • Attachment 4
                                                                            • Attachment 5

                                                                              2

                                                                              Please Note

                                                                              For additional review purposes older articles and news clippings can be found at

                                                                              httpwwwscribdcomdoc2062680Parent-says-No-To-Crocs-Shoes These articles are a compilation of

                                                                              many accidents from overseas and parentsrsquo reactions to accidents involving rubber clogs and escalators

                                                                              Addendum A ajccom gt Metro Atlanta Journal Constitution Updated 1108 pm December 07 2008 SPOTLIGHT WATCHING OUT FOR YOUR SAFETY AND POCKETBOOK

                                                                              Escalatorsrsquo hidden dangers By ALISON YOUNG Sunday December 07 2008 As little Caprice Robinson stepped onto the escalator at the Kensington MARTA station east of Decatur this summer she gripped her momrsquos hand as she had many times before Within seconds Caprice then almost 3 years old began screaming in pain The spongy pink shoe on her right foot a knock-off of the popular Crocs was being sucked into the gap at the side of the moving metal stairs records show They rode nearly to the bottom screaming for help before the escalator stopped Fire Department rescuers had to pry the metal stairs apart to release Capricersquos mangled foot

                                                                              3

                                                                              Addendum B

                                                                              Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                              4

                                                                              Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                              5

                                                                              Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                              6

                                                                              Addendum E

                                                                              Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                              7

                                                                              Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                              8

                                                                              992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                              9

                                                                              Addendum G

                                                                              Croc Shoes News (blog)

                                                                              Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                              Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                              10

                                                                              if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                              11

                                                                              Addendum H

                                                                              MomLogic (blog) Should Crocs Be Banned

                                                                              MONDAY MARCH 16 2009 filed under legal

                                                                              A mom says shes suing Crocs to keep kids safe

                                                                              Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                              Hes not the only one

                                                                              When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                              According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                              From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                              There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                              What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                              I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                              Said Attorney Andrew M Laskin

                                                                              Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                              12

                                                                              In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                              That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                              Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                              The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                              Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                              Will this lawsuit stop you from buying Crocs for your kids

                                                                              13

                                                                              Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                              As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                              14

                                                                              Addendum J Good things in life(blog)

                                                                              Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                              httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                              15

                                                                              Addendum K A blog entry that posted February 21 2009

                                                                              Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                              • Agenda
                                                                              • Attachment 1
                                                                              • Attachment 2
                                                                              • Attachment 3
                                                                              • Attachment 4
                                                                              • Attachment 5

                                                                                3

                                                                                Addendum B

                                                                                Denver Post article December 5th 2008 Article Discussion Crocs sued over childs mishap on escalator by admin on December 5th 2008 1029 am BALTIMORE mdash A Pennsylvania woman is suing Crocs after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in April injuring his toe Kerry Burdick of Eagleville Pa claims Niwotbased Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeks more than $75 million in damages According to a document Crocs filed in a

                                                                                4

                                                                                Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                                5

                                                                                Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                                6

                                                                                Addendum E

                                                                                Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                                7

                                                                                Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                                8

                                                                                992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                                9

                                                                                Addendum G

                                                                                Croc Shoes News (blog)

                                                                                Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                10

                                                                                if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                11

                                                                                Addendum H

                                                                                MomLogic (blog) Should Crocs Be Banned

                                                                                MONDAY MARCH 16 2009 filed under legal

                                                                                A mom says shes suing Crocs to keep kids safe

                                                                                Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                Hes not the only one

                                                                                When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                Said Attorney Andrew M Laskin

                                                                                Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                12

                                                                                In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                Will this lawsuit stop you from buying Crocs for your kids

                                                                                13

                                                                                Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                14

                                                                                Addendum J Good things in life(blog)

                                                                                Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                15

                                                                                Addendum K A blog entry that posted February 21 2009

                                                                                Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                • Agenda
                                                                                • Attachment 1
                                                                                • Attachment 2
                                                                                • Attachment 3
                                                                                • Attachment 4
                                                                                • Attachment 5

                                                                                  4

                                                                                  Addendum C KWGN-Denver Pa mother sues Crocs over sons escalator injury December 4 2008 BALTIMORE (AP) - A Pennsylvania woman is suing Niwot-based Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                                  5

                                                                                  Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                                  6

                                                                                  Addendum E

                                                                                  Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                                  7

                                                                                  Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                                  8

                                                                                  992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                                  9

                                                                                  Addendum G

                                                                                  Croc Shoes News (blog)

                                                                                  Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                  Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                  10

                                                                                  if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                  11

                                                                                  Addendum H

                                                                                  MomLogic (blog) Should Crocs Be Banned

                                                                                  MONDAY MARCH 16 2009 filed under legal

                                                                                  A mom says shes suing Crocs to keep kids safe

                                                                                  Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                  Hes not the only one

                                                                                  When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                  According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                  From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                  There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                  What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                  I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                  Said Attorney Andrew M Laskin

                                                                                  Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                  12

                                                                                  In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                  That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                  Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                  The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                  Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                  Will this lawsuit stop you from buying Crocs for your kids

                                                                                  13

                                                                                  Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                  As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                  14

                                                                                  Addendum J Good things in life(blog)

                                                                                  Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                  httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                  15

                                                                                  Addendum K A blog entry that posted February 21 2009

                                                                                  Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                  • Agenda
                                                                                  • Attachment 1
                                                                                  • Attachment 2
                                                                                  • Attachment 3
                                                                                  • Attachment 4
                                                                                  • Attachment 5

                                                                                    5

                                                                                    Addendum D WSBT-South Bend Pa mother sues Crocs over sons escalator injury Story Created Dec 4 2008 at 105 PM EDT Story Updated Dec 4 2008 at 105 PM EDT BALTIMORE (AP) mdash A Pennsylvania woman is suing Crocs Inc after her 6-year-old sons foam clog got stuck in an escalator at the National Aquarium in Baltimore in April injuring his toe Kerry Burdick of Eagleville Pa claims Colorado-based Crocs knew its clogs were unsafe on escalators and did not warn consumers The lawsuit seeking more than $75 million in damages was filed Wednesday in US District Court for the Eastern District of Pennsylvania According to a document Crocs filed in a separate case more than 200 people worldwide have reported similar incidents but the company has said its shoes arent to blame Crocs did not immediately return calls for comment The company has said it will add safety warning tags to its shoes next year

                                                                                    6

                                                                                    Addendum E

                                                                                    Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                                    7

                                                                                    Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                                    8

                                                                                    992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                                    9

                                                                                    Addendum G

                                                                                    Croc Shoes News (blog)

                                                                                    Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                    Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                    10

                                                                                    if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                    11

                                                                                    Addendum H

                                                                                    MomLogic (blog) Should Crocs Be Banned

                                                                                    MONDAY MARCH 16 2009 filed under legal

                                                                                    A mom says shes suing Crocs to keep kids safe

                                                                                    Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                    Hes not the only one

                                                                                    When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                    According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                    From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                    There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                    What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                    I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                    Said Attorney Andrew M Laskin

                                                                                    Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                    12

                                                                                    In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                    That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                    Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                    The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                    Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                    Will this lawsuit stop you from buying Crocs for your kids

                                                                                    13

                                                                                    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                    14

                                                                                    Addendum J Good things in life(blog)

                                                                                    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                    15

                                                                                    Addendum K A blog entry that posted February 21 2009

                                                                                    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                    • Agenda
                                                                                    • Attachment 1
                                                                                    • Attachment 2
                                                                                    • Attachment 3
                                                                                    • Attachment 4
                                                                                    • Attachment 5

                                                                                      6

                                                                                      Addendum E

                                                                                      Wordpress Themes (blog) CSPC Estimates Thousands Injured in Escalator Accidents Each Year DECEMBER 8 2008 mdash In the United States the Consumer Products Safety Commission estimated that nearly 11000 people received treatment in hospitals last year for injuries resulting from riding escalators The CPSC estimates that escalators carry 90 billion riders each year There are more than 30000 escalators in the United States Escalators must abide by standards set forth by the American Society of Mechanical Engineers Adults falling and losing their balance while riding escalators can result in serious injuries Other accidents happen when clothing or limbs become entrapped in moving escalator parts and gaps along the side of moving escalator steps Entrapment accidents can result in severe injury and amputations A number of people wearing lightweight foam sandals such as Crocs and other similar shoes have suffered serious injuries in escalator accidents In September 2007 MSNBC reported that soft-soled shoes like Crocs are especially susceptible to entrapment injuries particularly with children A Pennsylvania woman filed suit in December with the Colorado based Crocs company claiming the company knew the shoes were dangerous on escalators and didnrsquot warn consumers The womanrsquos six-year old son was injured in an escalator accident at the National Aquarium in Baltimore in April Beginning in 2009 Crocs has said it will add safety warning tags to its shoes December 8th 2008 by vashton httpwwwpersonal-injury-attorney-in-san-diegocomblogarchivescategory

                                                                                      7

                                                                                      Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                                      8

                                                                                      992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                                      9

                                                                                      Addendum G

                                                                                      Croc Shoes News (blog)

                                                                                      Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                      Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                      10

                                                                                      if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                      11

                                                                                      Addendum H

                                                                                      MomLogic (blog) Should Crocs Be Banned

                                                                                      MONDAY MARCH 16 2009 filed under legal

                                                                                      A mom says shes suing Crocs to keep kids safe

                                                                                      Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                      Hes not the only one

                                                                                      When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                      According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                      From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                      There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                      What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                      I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                      Said Attorney Andrew M Laskin

                                                                                      Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                      12

                                                                                      In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                      That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                      Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                      The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                      Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                      Will this lawsuit stop you from buying Crocs for your kids

                                                                                      13

                                                                                      Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                      As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                      14

                                                                                      Addendum J Good things in life(blog)

                                                                                      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                      15

                                                                                      Addendum K A blog entry that posted February 21 2009

                                                                                      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                      • Agenda
                                                                                      • Attachment 1
                                                                                      • Attachment 2
                                                                                      • Attachment 3
                                                                                      • Attachment 4
                                                                                      • Attachment 5

                                                                                        7

                                                                                        Addendum F Massachusetts Injury Lawyer (blog) Death of 82-Year-Old Woman in MBTA Escalator Accident in Boston Investigated February 25 2009 Posted In Negligence Premises Liability Public Transportation By David W White on February 25 2009 507 AM | Permalink An 82-year-old woman has died following an escalator accident at the MBTA State Street Station in Boston According to initial reports the woman fell on the escalator and her clothing became entangled in the machinery The accident is being investigated by the MBTA the Massachusetts Department of Public Safety which is in charge of escalator inspections and the Suffolk County District Attorneys office According to news reports the woman who was traveling to an eye appointment on the MBTA was riding the escalator up from the platform She was near the top of the escalator when she apparently fell and her clothing became tangled in the escalator machinery News reports also indicate that she suffered a heart attack but it is not clear whether that heart attack was before or as a result of the accident MBTA escalators have been the cause of accidents and wrongful death in the past An East Boston man died on an MBTA escalator when his sweatshirt hood got caught in an escalator in Cambridge A three-year-old boy suffered severe leg injuries on the old Aquarium Blue Line stops escalator in Boston Several people were injured in a Back Bay escalator accident when the escalator suddenly stopped hurling the passengers down the stairs The Aquarium T escalator and the escalators at Back Bay have frequent scenes of accidents Escalator inspections are conducted by the state each year and the escalator involved was reportedly also inspected each week and maintained on a monthly basis The record of this escalator has not yet been made public Common Causes of Escalator Accidents Escalators are large powerful machines and riders take for granted that they are designed and maintained for safe operation Some types of escalator accidents are common however 992256 Missing teeth in the comb plates cause entrapment of shoes with severe foot injuries 992256 Contact with the side of the escalator can cause injuries to feet and legs when body parts get caught These injuries are most common in children 992256 Sudden stops caused by machinery failure can pitch riders down the the metal stairs 992256 Sudden speeding-up or slowing-down can also cause people to fall on escalators

                                                                                        8

                                                                                        992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                                        9

                                                                                        Addendum G

                                                                                        Croc Shoes News (blog)

                                                                                        Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                        Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                        10

                                                                                        if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                        11

                                                                                        Addendum H

                                                                                        MomLogic (blog) Should Crocs Be Banned

                                                                                        MONDAY MARCH 16 2009 filed under legal

                                                                                        A mom says shes suing Crocs to keep kids safe

                                                                                        Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                        Hes not the only one

                                                                                        When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                        According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                        From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                        There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                        What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                        I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                        Said Attorney Andrew M Laskin

                                                                                        Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                        12

                                                                                        In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                        That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                        Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                        The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                        Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                        Will this lawsuit stop you from buying Crocs for your kids

                                                                                        13

                                                                                        Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                        As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                        14

                                                                                        Addendum J Good things in life(blog)

                                                                                        Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                        httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                        15

                                                                                        Addendum K A blog entry that posted February 21 2009

                                                                                        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                        • Agenda
                                                                                        • Attachment 1
                                                                                        • Attachment 2
                                                                                        • Attachment 3
                                                                                        • Attachment 4
                                                                                        • Attachment 5

                                                                                          8

                                                                                          992256 Entanglement of clothing in gaps in the machinery can involve shoe laces clothing backpacks and even shoes themselves For example there has been an increase in accidents reported in children wearing Croc rubber sandals Thousands of people are treated each year for escalator injuries and deaths many of which result of the negligent maintenance of escalators or the defective design of the machinery itself

                                                                                          9

                                                                                          Addendum G

                                                                                          Croc Shoes News (blog)

                                                                                          Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                          Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                          10

                                                                                          if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                          11

                                                                                          Addendum H

                                                                                          MomLogic (blog) Should Crocs Be Banned

                                                                                          MONDAY MARCH 16 2009 filed under legal

                                                                                          A mom says shes suing Crocs to keep kids safe

                                                                                          Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                          Hes not the only one

                                                                                          When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                          According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                          From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                          There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                          What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                          I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                          Said Attorney Andrew M Laskin

                                                                                          Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                          12

                                                                                          In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                          That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                          Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                          The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                          Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                          Will this lawsuit stop you from buying Crocs for your kids

                                                                                          13

                                                                                          Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                          As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                          14

                                                                                          Addendum J Good things in life(blog)

                                                                                          Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                          httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                          15

                                                                                          Addendum K A blog entry that posted February 21 2009

                                                                                          Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                          • Agenda
                                                                                          • Attachment 1
                                                                                          • Attachment 2
                                                                                          • Attachment 3
                                                                                          • Attachment 4
                                                                                          • Attachment 5

                                                                                            9

                                                                                            Addendum G

                                                                                            Croc Shoes News (blog)

                                                                                            Croc Shoes News Suck It Up And Buy A Pair of Croc Shoes So you want a pair of Crocs but you donrsquot know how people will react to them Maybe your friends are very fashion conscience people (like mine) But they arenrsquot wearing them so I say forget them Donrsquot worry about what other people think The reason I bought my first pair of croc shoes is because I was looking for an alternative to sandals I wanted something I could where into stores without feeling that my feet were naked Plus croc shoes are only $30 You canrsquot beat that and they are more durable than any shoe that I have ever owned Now of course if your fashion conscience just donrsquot by the bright colored ones You know they make crocs in dark colors Some people donrsquot even know that Irsquom wearing croc shoes because they donrsquot stand out like the bright ones do So here is my final thought Suck it up and buy a pair of croc shoes yoursquoll thank me later ShareThis Read More 1 Comment raquo

                                                                                            Are Croc Shoes Dangerous The answer is no If you donrsquot buy yourself or your kids a pair of Croc shoes because ABC news told you that they were dangerous then you need to seriously look at never watching tv again You have been punkrsquod One so one story in a foreign country emerges that a kid gets his foot stuck in a escalator due to wearing croc shoes and now you want to never wear croc shoes again What if you were wearing jeans and they got caught would you never wear jeans again or always wear shorts If so then you are an idiot Itrsquos programs like 2020 and more that practically scare people into doing the dumbest things I have ever heard of Be afraid of hotel rooms be afraid of water parks be afraid of Applebees The list goes on and on And if you watched and believed everything yoursquove seen on tv then you would live a very sheltered life There are far more dangerous things then wearing croc shoes Perhaps driving to the mall Driving to the mall is far more dangerous then taking the escalator And

                                                                                            10

                                                                                            if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                            11

                                                                                            Addendum H

                                                                                            MomLogic (blog) Should Crocs Be Banned

                                                                                            MONDAY MARCH 16 2009 filed under legal

                                                                                            A mom says shes suing Crocs to keep kids safe

                                                                                            Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                            Hes not the only one

                                                                                            When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                            According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                            From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                            There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                            What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                            I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                            Said Attorney Andrew M Laskin

                                                                                            Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                            12

                                                                                            In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                            That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                            Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                            The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                            Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                            Will this lawsuit stop you from buying Crocs for your kids

                                                                                            13

                                                                                            Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                            As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                            14

                                                                                            Addendum J Good things in life(blog)

                                                                                            Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                            httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                            15

                                                                                            Addendum K A blog entry that posted February 21 2009

                                                                                            Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                            • Agenda
                                                                                            • Attachment 1
                                                                                            • Attachment 2
                                                                                            • Attachment 3
                                                                                            • Attachment 4
                                                                                            • Attachment 5

                                                                                              10

                                                                                              if you are so afraid of your croc shoes getting stuck in a escalator then take the stairs httpwwwcrocshoesnewscom (2 of 6)3202009 75030 AM

                                                                                              11

                                                                                              Addendum H

                                                                                              MomLogic (blog) Should Crocs Be Banned

                                                                                              MONDAY MARCH 16 2009 filed under legal

                                                                                              A mom says shes suing Crocs to keep kids safe

                                                                                              Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                              Hes not the only one

                                                                                              When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                              According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                              From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                              There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                              What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                              I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                              Said Attorney Andrew M Laskin

                                                                                              Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                              12

                                                                                              In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                              That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                              Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                              The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                              Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                              Will this lawsuit stop you from buying Crocs for your kids

                                                                                              13

                                                                                              Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                              As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                              14

                                                                                              Addendum J Good things in life(blog)

                                                                                              Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                              httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                              15

                                                                                              Addendum K A blog entry that posted February 21 2009

                                                                                              Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                              • Agenda
                                                                                              • Attachment 1
                                                                                              • Attachment 2
                                                                                              • Attachment 3
                                                                                              • Attachment 4
                                                                                              • Attachment 5

                                                                                                11

                                                                                                Addendum H

                                                                                                MomLogic (blog) Should Crocs Be Banned

                                                                                                MONDAY MARCH 16 2009 filed under legal

                                                                                                A mom says shes suing Crocs to keep kids safe

                                                                                                Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia His mother managed to yank him free but the nail on his big toe was almost completely ripped off causing heavy bleeding

                                                                                                Hes not the only one

                                                                                                When three-year-old Lexis foot was severely injured on an escalator mom Alison Pregliasco blamed the Crocs she was wearing

                                                                                                According to Pregliasco her daughter had three broken toes including one that was severed to the bone and was contaminated with escalator grease Unfortunately Lexis injury is not rare according to pediatrician Dr Gwenn stories of childrens Croc-soled feet literally being sucked into escalators have been reported as early as 2006 Now in a lawsuit with the famed shoe company Alison is determined to stop this tragic trend Momlogic got an exclusive statement from Alison and her attorney

                                                                                                From the moment my twins were born I have read the warnings which accompanied the toys my children play with the cribs they sleep in the child car seats they ride in I bought my daughter her Crocs and let my daughter wear them because she loved them and because she never wanted to take them off I did not know before she was injured that this had happened to so many other moms and their children Had I known -- had Crocs put a simple warning tag on their shoes -- my daughter would have worn them by the pool or on the beach but not as an everyday shoe and certainly not on an escalator

                                                                                                There is no sound more awful than the painful scream of ones child When I learned just how many moms had heard that same type of scream from their child when I saw how many times this had happened before and how many times Crocs has refused to accept responsibility I knew something had to be done

                                                                                                What should have been that perfect trip to Disneyworld turned into an absolute nightmare of ambulances hospitals surgery and my daughter confined to a wheelchair There are no doubt hundreds of thousands of children out there who still wear their Crocs day and night unaware of what we now know

                                                                                                I just hope the warning gets out there to the parents of those children before another child screams and before another case makes the headlines

                                                                                                Said Attorney Andrew M Laskin

                                                                                                Over the past several months I have heard the same horrifying tale again and again Intelligent and responsible moms all of whom bought Crocs for their kids mistakenly believing as Crocs contends they were ideal shoes for everyday use Tragically when they heard their child scream all of these parents learned the hard way the painful way that Crocs are inherently dangerous on escalators

                                                                                                12

                                                                                                In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                                That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                                Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                                The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                                Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                                Will this lawsuit stop you from buying Crocs for your kids

                                                                                                13

                                                                                                Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                                As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                                14

                                                                                                Addendum J Good things in life(blog)

                                                                                                Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                                httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                                15

                                                                                                Addendum K A blog entry that posted February 21 2009

                                                                                                Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                                • Agenda
                                                                                                • Attachment 1
                                                                                                • Attachment 2
                                                                                                • Attachment 3
                                                                                                • Attachment 4
                                                                                                • Attachment 5

                                                                                                  12

                                                                                                  In every case the mom or dad was watching the child and the child was holding on to handrail of the escalator The kids were not playing around they were just moving from one floor to another when their Croc made contact with the side of the escalator Crocs are not flip-flops--they are shoes which are strapped onto the childs foot They are designed and marketed as having great traction yet they are soft enough to crush in your hand That combination of characteristics makes Crocs very dangerous when they make contact with the side of a moving escalator The shoe sticks and the sheer force of the escalator and the friction of the caught Croc sucks the childs strapped and trapped foot down into the mechanism of the escalator

                                                                                                  That is why we see time and time again many children (in the US Canada worldwide) suffering the same type of injury and the same ripping of their Crocs For those who believe these incidents are comparable to loose shoelace injuries nothing could be further from the truth

                                                                                                  Crocs has for years sought to deflect blame by stating these incidents were the fault of the mothers and fathers escalator companies airports and others none of whom are to blame It is yet another classic case of a corporation putting profits over people and those people are young children

                                                                                                  The Trade Ministry of Japan one of the most technologically advanced nations on earth has specifically ordered Crocs to do something about their shoes because of children being injured on escalators Our lawsuit will expose what Crocs has known yet long sought to conceal--that its shoes are dangerous on escalators that these injuries to children could and should have been prevented by a simple warning tag and that Crocs blame-game defense is an offense to responsible parents everywhere

                                                                                                  Crocs spokesperson Tia Mattson had this to say Consumer satisfaction including consumer safety is a top priority for us at Crocs Escalator safety is an issue we take very seriously Safety experts say several factors can contribute to accidents including escalator design and maintenance loose clothing or untied shoelaces footwear and improper use The most important safety factor is safe riding behavior Parents should supervise and assist children Riders of all ages should step on and off escalators and moving walkways with caution stand only in the middle of the steps hold on to the handrail and ensure shoelaces are tied and loose clothing is clear of steps and sidesMore information on escalator safety is available from the Elevator Escalator Safety Foundation

                                                                                                  Will this lawsuit stop you from buying Crocs for your kids

                                                                                                  13

                                                                                                  Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                                  As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                                  14

                                                                                                  Addendum J Good things in life(blog)

                                                                                                  Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                                  httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                                  15

                                                                                                  Addendum K A blog entry that posted February 21 2009

                                                                                                  Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                                  • Agenda
                                                                                                  • Attachment 1
                                                                                                  • Attachment 2
                                                                                                  • Attachment 3
                                                                                                  • Attachment 4
                                                                                                  • Attachment 5

                                                                                                    13

                                                                                                    Addendum I Keeper of the Cheerios (blog) Tuesday January 27 Crocs Will you buy these for your children Keeper of The Cheerios Crocs Will you buy these for your children httpwwwkeeperofthecheerioscom200901crocs-will-you-buy-these-for-yourhtml (1 of 26)3202009 75733 AM Keeper of The Cheerios Crocs Will you buy these for your children

                                                                                                    As Spring is right around the corner I cant help but pay attention to the negative attention that Crocs have been getting I personally think these shoes are ugly and a little spendy for what they are so I dont buy them for me and I certainly wouldnt buy them for my kids who will only grow out of them within 2 weeks Ive yet to figure out what this trend is all about to begin with Its not the fact that these shoes arent very stylish that bothers me Whats bothering me is the lack of knowledge people seem to have as theyre standing around the Croc kiosk at the mall scooping up a pair for their little children Did they not read about the injuries associated with Crocs and children and escalators Or do they just have the attitude that it wont happen to them Maybe its my experiences in life but carrying your superman attitude with you into parenthood is generally not the best idea Accidents DO happen and if you can prevent it as a parent why not avoid it If you arent convinced that Crocs are dangerous then you definitely need to read THIS ARTICLE on Momlogic The Consumer Product Safety Commission has received dozens of reports of children getting injured over the last several years According to Inside Edition Crocs seems to care that this is an issue and is taking steps to ensure that parents are knowledgeable about escalator safety This is great for the parents but WHAT about the kids Children who are young dont understand what this all means and I just dont see how a little child is going to put those tips and warnings to good use We have pediatricians and the Good Housekeeping Research Institute both warning parents to be cautious of these shoes Which leaves it at this where does company responsibility end and where does parent responsibility start If you knowingly put shoes on your children that could potentially cause injury on an escalator whos fault is it really If you have Crocs for your children thats okay just make sure that YOU know the risks and use the elevator instead of the escalator But if given the choice I would stick with regular sandles and shoes Protect those sweet little feet

                                                                                                    14

                                                                                                    Addendum J Good things in life(blog)

                                                                                                    Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                                    httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                                    15

                                                                                                    Addendum K A blog entry that posted February 21 2009

                                                                                                    Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                                    • Agenda
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                                                                                                      Addendum J Good things in life(blog)

                                                                                                      Crocs that can be bitten Wednesday March 11 2009 During our recent trip to KL besides shopping (cant blame me as it seemed like the whole of KL was on sales) Ive learnt a couple of new things and one of them was about how hazardous the famous Crocs sandals or clogs that Ive been wanting to get a pair for Ethan However upon hearing what it may cause especially to children as young as Ethans age made me changed my mindIt started as I was admiring the Clark sandals that hubbys nephew had on and thought I should get a similar pair for Ethan since he is outgrowing his current sandalit was then that SIL told me to be careful on the type of sandals to buy as some may cause unwanted accidents especially on the escalatorthis was when the Crocs subject came aboutBIL who works for a liftescalator company told us not to buy Crocs sandals for Ethan as there have been many cases where accidents involving children have occurred on the escalator and most of the time the culprit is the super light and flexible Crocs sandalshe even told us that in JB one of the shopping malls actually displayed a warning sign that shows no Crocs shoes allowed on the escalator (talking about being direct) as apparently there have already been a few serious injuries Nonetheless being the curious person that I am and wanting to know more I did a google on Crocs and escalators and true enough there are many articles on this subjectsome incidents sounded really gruesome that you just dont want to continue reading the articles So Crocs sandals clogs (original or imitation) are out of the question and the only Crocs we have in our home is Mr Croc p OhhI however managed to do a last minute shopping at Isetan for Ethan b4 we left for the airport and bought him OshKosh flip flop sandal and a pair of shoes all for RM113 onlyit was a buy 3 and you get 50 discount heeeI didnt really know what his exact size was as Ive forgotten to take his measurements but nevertheless I bought bigger sizes insteadkiasu or not So there you are the confession of a shopaholic hahaha

                                                                                                      httpjtuiningblogspotcom (13 of 21)3202009 83013 AM Good things in life

                                                                                                      15

                                                                                                      Addendum K A blog entry that posted February 21 2009

                                                                                                      Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                                      • Agenda
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                                                                                                      • Attachment 2
                                                                                                      • Attachment 3
                                                                                                      • Attachment 4
                                                                                                      • Attachment 5

                                                                                                        15

                                                                                                        Addendum K A blog entry that posted February 21 2009

                                                                                                        Crocs shoes accident 33 months 3 weeks 6 days old We are staying in a hotel in Bukit Bintang while waiting for the the arrival of baby No 2 Initially we planned to stay in a service apartment then would we be cooking then Eh I dont think so So afterall we decided to stay in a hotel than in a service apartment This time we decided to go to Feast Village in Starhill for dinner Terry was thinking of having pizza and me I was indifferent Malaika has always wanted to stand in the escalator without holding our hands And of course we didnt allow her to From time to time she wanted to walk up and down the escalator Suddenly we heard her crying very loud We were almost at the bottom of the escalator I quickly get her out And she pointed at her right feet I was surprised that the right side of the shoe was torn OMG her right foot was squeezed in the escalator in the Crocs shoes Before I bought her this very first pair of Crocs shoes I was thinking whether I should or not because we have read many news articles about accidents happend in the escalator when children wearing Crocs shoes I was told that those accidents happend to those wearing fake Crocs shoes Finally I bought her this pair of Dora Crocs shoes because she is a fan of Dora I bought the pair in HK Luckily her injury was not serious She still could walk Only her right big toe was squeezed and it had some blood under the toe And the Crocs shoe was damaged damaged Crocs shoes just a bit of blood under her toe - so lucky that her foot was not badly injured Note I was the one wanting to buy a pair of Crocs shoes for Malaika all these while after seeing so many children wearing them And of course Terry would not buy into this because he thinks it is over priced Actually I think the Crocs shoes are over-priced as well But then itchy hands after so many people wearing them Anyway I dont intend to buy Malaika another pair of Crocs shoes after she had outgrown the Dora one Now I wont be buying her any more Crocs shoes after this incident So we went to Sungai Wang Bata shop to get her a pair of new shoes She made her choice She will say Doras shoes are spoilt mommy bought her new pair of shoes She is happy with her new pair of shoes Cheap cheap I think RM3000 A pair of Crocs shoes would easily cost RM120 at least )

                                                                                                        • Agenda
                                                                                                        • Attachment 1
                                                                                                        • Attachment 2
                                                                                                        • Attachment 3
                                                                                                        • Attachment 4
                                                                                                        • Attachment 5

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