Counterfeit System Creating Confusion and Recklessly Endangering Lives

For Immediate Release (also available as a PDF)

Madison, Nebraska—March 10, 2006—Thermal Design is the manufacturer of the patented Simple Saver System®, a tremendously successful, high-performance insulation system that has been further developed and carefully quality controlled to provide certified alternative fall protection for insulation and roofing workers on metal buildings.

Thermal Design is very pleased that its patented product has prevented countless injuries and saved the lives of workers from fall-related accidents. However, as with any successful product, there is confusion being created by counterfeit, look-a-like systems that are being sold as “or equals” but allegedly without the fall protection feature. These products cannot be “equal” and “not equal” at the same time! Some contractors are buying these counterfeit systems for pennies per square foot less and sending them to project sites where workers are then using them for fall protection and recklessly endangering people’s lives. This is happening despite our policy to sell the legitimate product for the lower quality price where “or equal” claims of the competitor are documented to Thermal Design.

Competitors are creating this confusion for profit with reckless disregard for the workers and take no actions to insure that all of the workers, subcontractors, owners, architects and anyone else that may have need to be on the structure take the appropriate actions to assure compliance with the fall protection regulations. The proof is in the observable actions of these workers on the projects. The use of these lesser quality products and installations is going to result in some innocent worker being injured or killed. One competitor had been offered a means to provide the legitimate quality controlled product, however they have chosen to disregard the added benefits with their unethical, life-endangering tactics.

As a result of this confusion that has been created by competitor's false claims of equality, honest contractors that are using the real, patented Simple Saver System for passive fall protection are being put at a competitive disadvantage by those selling and wrongfully using the counterfeit products for fall protection. Consequently, some contractors are beginning to purchase our alternative brand EnergyCraft® Insulation System (designed for applications where fall protection is not required) and using them to compete with the counterfeit systems. We find that some of these systems as well are being used without other means of fall protection. This confusion created by the counterfeit products is recklessly endangering the health and lives of workers who end up working for these unscrupulous contractors. They put more value on a few pennies in their pockets than the health and lives of the innocent workers upon which they rely to erect the buildings.

Now that we know what is taking place out in the marketplace, Thermal Design, on behalf of the honest contractors and erectors, is taking the following actions to protect these workers and others the against the actions of the unscrupulous competitors and contractors:

1. Thermal Design will no longer sell and ship any non-fall protection system for metal buildings where the product could possibly be confused with the certified Simple Saver System or inadvertently relied upon for fall protection. Thermal Design's EnergyCraft Insulation System will only be sold for retrofit applications and configurations that cannot be confused with its fall protection products.
2. OSHA, the Consumer Products Safety Commission, the Federal Trade Commission and other agencies and organizations are being involved to put an end to these unethical and life endangering practices. We have been advised to report any incidents where proper fall protection procedures are not being followed on projects in order to protect workers and especially where this unethical confusion is likely taking place.
3. Any false claims of equality with our patented Simple Saver System will be promptly contested and the owner, architect, local building and safety officials involved. Liability for compliance with Federally mandated safety regulations is not optional. It no longer stops with the installing contractor (employer) but has been extended by the recent OSHA regulation changes to include virtually all entities or persons in control on any particular project that has site responsibilities, including architects, owners and up-line contractors which have the authority to shut the project down until there is compliance with all safety regulations. All have the responsibility to insure a safe and compliant work site. Furthermore, companies that substitute or un-sell certified passive fall protection in order to sell products that do not provide a certified passive fall protection, where workers subsequently rely on such products for that function, would certainly also be liable for civil action and possibly criminal action as well, in the event someone was injured or killed using those products.
4. Thermal Design will engage in a proactive safety programs with and for contractors and other safety equipment suppliers and organizations to provide a means where no worker is needlessly exposed to any unnecessary risks. With all of the equipment and safety devices available today, there is no valid excuse that any cheating should be allowed.
5. Thermal Design asks for the cooperation and assistance of all contractors to assure the safety of all workers and of all people on their job sites and other's job sites as well. This can only be accomplished by leveling the playing field. Everyone must play by the same rules. Everyone must comply with the safety laws for the benefit of anyone exposed to hazards. So be sure to police your projects and assure that all workers on your projects and your competitors’ projects are in full compliance and not cheating at any time. Someone could be monitoring any project for which a permit has been issued no matter where it is located. All known violations should be photographed and reported to OSHA for immediate action. Any reporting can and should be done by workers themselves to protect themselves and co-workers from serious injury or death. Reporting can be done anonymously to OSHA to prevent reprisals from employers. If there is any concern, Thermal Design will be working with building inspecting officials and other safety organizations to establish and promote a third-party reporting agencies that will investigate, monitor, document and correct reported safety violations.
6. We encourage erectors, sub-contractors and employees to refuse to work on projects where safety is not the first priority. Erectors that are required to tie off or use safety netting during the entire insulation and roofing process will find their productivity significantly reduced where the passive fall protection products are not used. It likely costs $.50 to $1.00 per square foot more to install the insulation and roofing on buildings using fall protection methods other than these passive products. Violators should also be aware of the potential of fines. Erectors are encouraged to charge more for erection where these legitimate passive products are not being employed and avoid cheating with their employees’ lives when a contractor has purchased a counterfeit product without the certified fall protection.
7. Erectors are encouraged to demand that a passive certified fall prevention product such as the Simple Saver System is purchased for all of the projects they quote. If a product such as this is not used, most projects will require the use of active safety devices that severely inhibit productivity and which in most instances needlessly promote non-compliance in order to achieve expected productivity. Erectors charging for this lost productivity will go a long way helping to solve this life-endangering problem.

Thermal Design is the leader in developing the passive, single-use fall protection products and put this on the market at great additional expense without adding one cent to the former Simple Saver System prices, leaving no excuse not to use it. We will not tolerate unscrupulous contractors or competitors putting peoples lives at risk for no valid reason. We will be doing everything we can possibly do to see that violators pay a price for cheating and to stop putting innocent peoples lives at risk. As long as everyone ties off and complies with all safety regulations there would be no consequence; only the cheaters will pay a price! Repeated violations will likely put the cheaters out of business, so it would be wise to insure that your company is not one of them.

Any company wanting to fully incorporate the benefits of Thermal Design's products and programs into their business plans should call us and begin using our high quality products to get the end user the best value you can produce. Use of the Simple Saver System, rather than laminated insulation over the purlins, typically provides over 200 percent more real insulation performance. The resulting HVAC equipment and other project savings typically offset the total cost difference between the insulation products. There is no excuse to be cheating building owners of their energy efficiency either by smashing their insulation. Solving one problem can also provide a good solution to the other problem as well without any added project cost! Help us level the playing field, use the Simple Saver System or one of the other passive fall protection products; the life you save could be your own!

Call 1-800-255-0776, fax us at 1-402-454-2708, or go to www.thermaldesign.com for honest information on insulation systems with free certified fall protection. In many locations, system installation services can also be made available. We will assist callers with any potential fall protection violators to help insure that workers are safe and that there is a consequence for cheaters.

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Thermal Design, a recognized innovator in the insulation industry, creates effective insulation solutions based on easy-to-install building systems, accessories and concepts. Based in Madison, Nebraska, Thermal Design is a nationwide company that develops and manufactures patented products and services, delivering full in-place R-values and OSHA-accepted fall protection for pre-engineered metal buildings.