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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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| «« Directorate of Enforcement Programs, Office of the Whistleblower Protection Program | |
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The Whistleblower Protection Program |
Whistleblower Protections for Consumer Product Industry Employees On August 14, 2008, Section 219 of the Consumer Product Safety Improvement Act (CPSIA) of 2008, Pub. L. No 110-314, was enacted, establishing new retaliation protections for employees in the consumer product industry. Covered Employees In general, covered employers under the CPSIA include manufacturers, importers, private labelers (owners of a brand or trademark on the private label of a consumer product), distributors, and retailers. Protected Activity Under the CPSIA, a covered employer may not discharge or in any other manner retaliate against you because you provided, caused to be provided or are about to provide or cause to be provided to the employer, the federal government, or the attorney general of a state information you reasonably believed related to any violation of, or any act or omission the employee reasonably believes to be a violation of the Consumer Product Safety Act (CPSA) or any other Act enforced by the Consumer Product Safety Commission (CPSC), or any order, rule, regulation, standard or ban under any such Acts. In general, under the CPSA, a "consumer product" means any article, or component part thereof, produced or distributed: (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise. Under the CPSA, the CPSC regulates about 15,000 types of consumer products used in the home, schools, and recreation; but does not regulate on-road motor vehicles, boats, aircraft, food, drugs, cosmetics, pesticides, alcohol, tobacco, firearms, and medical devices. Other Acts enforced by the CPSC include the Federal Hazardous Substances Act, the Flammable Fabrics Act, the Poison Prevention Packaging Act and the Refrigerator Safety Act. Further information about the laws and related requirements enforced by the CPSC can be found on the CPSC's website at: http://www.cpsc.gov/businfo/businfo.html. In addition, under the CPSIA, your employer may not discharge or in any manner retaliate against you because you participated in or assisted in a proceeding under the laws, orders, rules, regulations, standards or bans enforced by the CPSC. Also, your employer may not discharge or in any manner retaliate against you because you objected to, or refused to participate in, any activity, policy, practice, or assigned task that you reasonably believed to be in violation of any provision of the CPSA or any other Act enforced by the CPSC, or any order, rule, regulation, standard or ban under any such Acts. Unfavorable Personnel Actions Your employer may be found to have violated this statute if your protected activity was a contributing factor in its decision to take unfavorable personnel action against you. Such actions may include:
Complaints must be filed within 180 days after the alleged unfavorable personnel action occurs (that is, when you become aware of the retaliatory action). How to File a Complaint An employee, or representative of an employee who believes that he or she has been retaliated against in violation of this statute may file a complaint with OSHA. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. For more information, call your closest OSHA Regional Office:
Results of the Investigation If the evidence supports your claim of retaliation and a settlement cannot be reached, OSHA will issue an order requiring your employer to reinstate you, pay back wages, restore benefits, and other possible relief to make you whole, including:
Hearings and Review After OSHA issues its findings and order, either party may request an evidentiary hearing before an administrative law judge of the Department of Labor. The administrative law judge's decision and order may be appealed to the Department's Administrative Review Board for review. If a final agency order is not issued within 210 days from the date your complaint is filed, or within 90 days after you receive a written determination, then you have the option to file a civil action in the appropriate U.S. district court. To Get Further Information For more information on CPSIA and other employee whistleblower protection provisions, including copies of the statutes and regulations, go to www.osha.gov and click on the link for "Whistleblower Protection." For information on the Office of Administrative Law Judges procedures, decisions and research materials, go to www.oalj.dol.gov and click on the link for "Whistleblower." |
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