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 by the Consumer Product Safety Improvement Act (CPSIA).

Covered Employees

Under the CPSIA, employees of consumer 

product manufacturers, importers, private 

labelers (owners of brand or trademark on the 

private label of a consumer product), distributors, 

and retailers are protected from retaliation for 

engaging in protected activity.

A “consumer product” under the CPSIA generally 

means any article, or component of an article, 

produced or distributed for sale to a consumer or 

for personal use, consumption, or enjoyment of a 

consumer in or around a permanent or temporary 

household or residence, a school, in recreation, 

or otherwise. However, some types of products 

(such as motor vehicles) are regulated by other 

federal agencies and are excluded from the 

applicable definition of “consumer product.”

Protected Activity

A CPSIA-covered employer may not discharge 

or otherwise retaliate against an employee 

because the employee:

• Provided, caused to be provided, or is about to 

provide the employer, the federal government 

or the attorney general of a state information 

relating to any violation of federal consumer 

product safety law. 

• Testified in, participated in, or assisted in a 

proceeding related to such a violation. 

• Objected to or refused to participate in conduct 

the employee believed to be in violation of 

federal consumer product safety law.

For purposes of the CPSIA’s protections, federal 

consumer product safety law includes the 

Consumer Product Safety Act, as amended 

by CPSIA, 15 U.S.C. § 2051 et seq., other laws 

enforced by the Consumer Product Safety 

Commission, and orders, rules, regulations, 

standards, or bans under any of these laws.

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by 

CPSIA. Retaliation can involve several types of 

actions, such as:

• Firing or laying off

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation or harassment

• Making threats

• Reassignment to a less desirable position or 

actions affecting promotion prospects

• Reducing pay or hours

• More subtle actions, such as isolating, 

ostracizing, mocking, or falsely accusing the 

employee of poor performance

• Blacklisting (intentionally interfering with 

an employee’s ability to obtain future 

employment)

• Constructive discharge (quitting when an 

employer makes working conditions intolerable 

due to the employee’s protected activity)

• Reporting the employee to the police or 

immigration authorities

Deadline for Filing Complaints

Complaints must be filed within 180 days after 

the alleged retaliatory action (that is, when the 

employee is notified of the action).

How to File a CPSIA Complaint

An employee, or his or her representative, can 

file a CPSIA complaint with OSHA by visiting or 

calling his or her local OSHA office, sending a 

written complaint to the nearest OSHA office, or 

filing a complaint online. No particular form is 

required, and complaints may be submitted in 

any language.

FactSheet
Written complaints may be filed by fax, 

electronic communication, telephone call, 

hand delivery during business hours, U.S. mail 

(confirmation services recommended), or other 

third-party commercial carrier.

The date of the postmark, fax, electronic 

communication, telephone call, hand delivery, 

delivery to a third-party commercial carrier, 

or in-person filing with an OSHA office is 

considered the date filed.

To file a complaint electronically, please 

visit: www.osha.gov/whistleblower/

WBComplaint.html.

To contact an OSHA area office, please call 

1-800-321-OSHA (6742) to be connected to 

the closest area office. Or visit our website at 

www.osha.gov/contactus/bystate and click 

on your state to find your local OSHA office 

address and contact information. 

When OSHA receives a complaint, the agency 

will first review it to determine whether certain 

basic requirements are met, such as whether the 

complaint was filed on time. If so, the complaint 

will then be investigated according to the 

procedures required by 29 CFR Part 1983.

Results of the Investigation

If the evidence supports an employee’s claim of 

retaliation and a settlement cannot be reached, 

OSHA will issue an order requiring the employer, 

as appropriate, to put the employee back to work, 

pay lost wages, restore benefits, and provide 

other possible relief. The type of relief will depend 

on the facts of the case. If the evidence does not 

support the employee’s complaint, OSHA will 

dismiss the complaint.

After OSHA issues a decision, the employer and/

or the employee may request a full hearing before 

an administrative law judge of the Department 

of Labor. The administrative law judge’s 

decision may be appealed to the Department’s 

Administrative Review Board (ARB). The ARB’s 

decision is subject to review by the Secretary of 

Labor, and a final decision may be appealed to 

a court of appeals. The employee may also file 

suit in federal district court if the Department 

does not issue a final order within 210 days from 

the date the complaint was filed with OSHA, or 

within 90 days after the employee receives a 

written determination from OSHA. See 15 U.S.C. 

§ 2087(b)(3)-(4).

To Get Further Information

For a copy of the CPSIA whistleblower 

provision, 15 U.S.C. § 2087, the regulations, 

29 CFR Part 1983, and other information, go 

to www.whistleblowers.gov.

OSHA’s Whistleblower Protection Program 

enforces the whistleblower provisions of more 

than twenty federal whistleblower laws. To learn 

more about the whistleblower statues that OSHA 

enforces, view our “Whistleblower Statutes 

Summary Chart” at www.whistleblowers.gov/

whistleblower_acts-desk_reference.

For information on the Office of Administrative 

Law Judges’ procedures and case law research 

materials, go to www.oalj.dol.gov and click on 

the link for “Whistleblower.” 

For information about the laws and related 

requirements enforced by the Consumer Product 

Safety Commission (CPSC), please visit the 

CPSC’s website at: www.cpsc.gov/RegulationsLaws--Standards. 

Under the Occupational Safety and Health 

Act of 1970, employers are responsible for 

providing safe and healthful workplaces for their 

employees. OSHA’s role is to help ensure these 

conditions for America’s workers by setting and 

enforcing standards, and providing training, 

education, and assistance. For more information, 

visit www.osha.gov.

DWPP FS-4118 06/2021

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: 1-877-889-5627.