In addition, under CPSIA, your employer may not

discharge or in any manner retaliate against you

because you testified in, 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.

Adverse Actions

Your employer may be found to have violated

CPSIA if your protected activity was a contributing

factor in your employer’s decision to take adverse

action against you. Such actions may include:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Making threats

• Reassignment affecting promotion prospects

• Reducing pay or hours

Deadline for Filing a Complaint

Complaints must be filed within 180 days after the

alleged adverse action occured.

How to File a Complaint

A worker or his or her representative, 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 geoOn August 14, 2008, the Consumer Product Safety

Improvement Act (CPSIA) (Public Law 110-314) was

enacted, establishing retaliation protections (15

U.S.C. §2087) for workers in the consumer product

industry.

Covered Employees

In general, CPSIA covers employees of consumer

product manufacturers, importers, private labelers

(owners of a brand or trademark on the private

label of a consumer product), distributors and

retailers.

A "consumer product," as defined under the

Consumer Product Safety Act (CPSA), generally

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 U.S. Consumer Product Safety

Commission (CPSC) regulates about 15,000 types

of consumer products used in the home, schools

and recreation. 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.

Protected Activity

If you are covered under CPSIA, your employer

may not discharge you 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

relating to any violation of, or any act or omission

that you reasonably believe to be a violation of the

CPSA or any other Act enforced by the CPSC, or

any order, rule, regulation, standard or ban under

any such Acts.

FactSheet

Whistleblower Protection for Consumer

Product Industry Workers

Individuals working in the consumer product industry are protected from retaliation for

reporting potential consumer product safety violations to their employers or to the government.
graphic area where the worker lives or was

employed, but may be filed with any OSHA officer or

employee. For more information, call your nearest

OSHA Regional Office:

• Boston (617) 565-9860

• NewYork (212) 337-2378

• Philadelphia (215) 861-4900

• Atlanta (404) 562-2300

• Chicago (312) 353-2220

• Dallas (972) 850-4145

• Kansas City (816) 283-8745

• Denver (720) 264-6550

• San Francisco (415) 625-2547

• Seattle (206) 553-5930

Addresses, fax numbers and other contact information for these offices can be found on the

Whistleblower Protection Program’s website,

www.whistleblowers.gov, and in local directories.

Complaints may be filed orally or in writing, by

mail (we recommend certified mail), e-mail, fax, or

hand-delivery during business hours. The date of

postmark, delivery to a third party carrier, fax, email, phone call, or hand-delivery is considered the

date filed. If the worker or his or her representative

is unable to file the complaint in English, OSHA

will accept the complaint in any language.

Results of the Investigation

If the evidence supports your claim of retaliation

and a settlement cannot be reached, OSHA will

issue a preliminary order requiring the appropriate

relief to make you whole. This generally includes:

• Reinstatement with the same seniority and

benefits.

• Payment of back pay with interest.

• Compensatory damages, including compensation for special damages, expert witness fees,

and reasonable attorney’s fees.

OSHA’s findings and preliminary order become a

final order of the Secretary of Labor, unless a party

objects within 30 days.

Hearings and Review

After OSHA issues its findings and preliminary

order, either party may request a hearing before an

administrative law judge of the U.S. Department of

Labor. A party may seek review of the administrative law judge’s decision and order before the

Department’s Administrative Review Board. Under

CPSIA, if there is no final order issued by the

Secretary of Labor within 210 days from the date

your complaint was filed, or within 90 days after

you receive a written determination, then you may

be able to file a civil action in the appropriate U.S.

district court.

To Get Further Information

For a copy of the statutes, the regulations and

other whistleblower information, go to www.

whistleblowers.gov. 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.”

This is one in a series of informational fact sheets highlighting OSHA programs, policies or 

standards. It does not impose any new compliance requirements. For a comprehensive list of 

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DEP 8/2010