New CPSC Law Establishes Whistleblower Protections for Employees
The Consumer Product Safety Improvement Act of 2008 (CPSIA), which was enacted on August 14, 2008,1 establishes new whistleblower protections for employees of manufacturers (includes importers), private labelers, distributors, or retailers of consumer products (collectively, employees).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Employees Who Disclose CPSC Violations Protected from Discharge, Retaliation
In its summary of CPSIA's new whistleblower provisions, the Consumer Product Safety Commission (CPSC) states that effective August 14, 2008, 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.
Note that the CPSIA also protects employees who: (1) testified or are about to testify in a proceeding concerning such violation; (2) assisted or participated (or are about to assist or participate) in such a proceeding; or (3) objected to or refused to participate in any activity, policy, practice or assigned task that the employee reasonably believed to be in violation of any statutes or regulations enforced by the CPSC.
Employee May File Complaint with Secretary of Labor to Seek Redress
Employees who believe they have suffered an adverse employment action as a result of his or her provision of information, etc. relating to a violation of statutes or regulations enforced by the CPSC may file a complaint with the Secretary of Labor seeking redress.
Complaint must identify responsible party, etc. A complaint setting forth the facts and identifying the party responsible for the retaliation must be filed with the Secretary of Labor no later than 180 days after the date on which the violation occurs.
(The new whistleblower protections do not extend to government employees.)
1Public Law 110-314
(See ITT's Online Archives or 08/04/08 news, 08080410, for comprehensive BP summary of the CPSIA.
See ITT's Online Archives or 09/18/08 news, 08091805, for BP summary of a September 4, 2008 CPSC public meeting on the CPSIA, with links to numerous BP summaries on specific provisions of the law.)
CPSC information on CPSIA's whistleblower protections available at http://www.cpsc.gov/about/cpsia/219brief.html
CPSC brief summaries of CPSIA legislation available at http://www.cpsc.gov/about/cpsia/summaries.html
Public Law 110-314 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ314.110.pdf.