Consumer Product Industry Whistleblower Protection

As reported at the website of the U.S. Department of Labor, on August 14, 2008, Section 219 of the Consumer Product Safety Improvement Act (”CPSIA”) of 2008, was enacted, establishing new retaliation protections for employees in the consumer product safety industry.

See, http://www.osha.gov/dep/oia/whistleblower/consumer-product-industry-employees.html

In general, covered employees under CPSIA include manufacturers, importers, private labelers (owners of brand or trademark on the private label of a consumer product), distributors and retailers.  Under the CPSIA, a covered employer may not discharge or in any other manner retaliate against an employee because the employee provided, caused to be provided or is about to provide or cause to be provided to the employer, the federal government, or the attorney general of a state information the employee reasonably believes is 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 other order, rule, regulation, standard or ban under any such Acts. 

The website posting also states that, under CPSIA, employers may not discharge or in any manner retaliate against an employee because the employee participated in or assisted in a proceeding under the laws, orders, rules, regulations, standards or bans enforced by the CPSC.  Further, an employer may not discharge or in any manner retaliate against an employee because the employee 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 provision of the CPSA or any other Act enforced by the CPSC, or any order, rule, regulation, standard or ban under any such Acts.

The website posting lists unfavorable personnel actions, saying that an employer may be found to have violated the statute if the employee’s protected activity was a contributing factor in the employer’s decision to take unfavorable personnel actions against the employee.  Examples of unfavorable personnel actions include: firing or laying off; blacklisting; demoting; denying overtime or promotion; disciplining; denying benefits; failing to hire or rehire; intimidation; reassignment affecting promotion prospects; and/or, reducing pay or hours.

According to the Department of Labor, complaints must be filed within 180 days after the alleged unfavorable personnel action occurs (that is, when the employee becomes aware of the retaliatory action).  In addition, the Department of Labor states that complaints an employee may file a complaint with OSHA.  In Texas, a regional office for OSHA in Dallas may be contacted at (972)850-4145.

Whether retaliation against employees in the consumer product industry occurs in Houston, Dallas or elsewhere, victims of unfavorable personnel actions arising out of protected activity may contact OSHA or an attorney to determine if a whistleblower retaliation lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential claim.