Section 219 establishes new whistleblower protections for employees of manufacturers, private labelers, distributors, or retailers of consumer products. Covered employees are protected from discharge or any other form of retaliation resulting from the employee’s provision to the employer, the Federal Government, or a State attorney general of information relating to any violation of statutes or regulations enforced by the CPSC. The whistleblower protections in new Section 40 of the Consumer Product Safety Act do not extend to government employees.
An employee of a manufacturer, private labeler, distributor, or retailer of consumer products who believes he or she has suffered an adverse employment action as a result of the employee’s provision of information relating to a violation of statutes or regulations enforced by the CPSC may file a complaint with the Secretary of Labor seeking redress. A complaint setting forth the facts and identifying the responsible party must be filed with the Secretary of Labor no later than 180 days after the date on which the violation occurs.
Effective Date: This provision became effective upon enactment, August 14, 2008.