Building a 'Reasonable Steps' Defense: Laboratory Testing

Abstract

Electrical and electronic equipment (EEE) producers are compelled to determine and demonstrate compliance with the European Union (EU) Restriction of Hazardous Substances (RoHS) Directive 2002/95/EC as this becomes effective by mid-2006. This requires a due diligence effort involving taking reasonable steps to identify the presence and concentration of regulated hazardous substances. "Reasonable steps" is generally understood to require an exhaustive examination of the product supply chain to the homogeneous material level. When supply-chain information is lacking or suspect or if verification testing of final products is desired, laboratory analysis performed in accordance with internationally-recognized test methodologies and which adheres to a stringent quality assurance/quality control program, can be of significant value