SOX Whistleblowers Protection

The Consumer Product Safety Improvement Act of 2008, H.R. 4040, was signed into law by President Bush on August 14, 2008. Section 219 is a whistleblower protection provision contained in the new act.  The whistleblower protections will be administered by the Department of Labor. 

Section 219 states that

No manufacturer, private labeler, distributor, or retailer, may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee’s initiative or in the ordinary course of the employee’s duties (or any person acting pursuant to a request of the employee)—

‘‘(1) 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 relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts;

‘‘(2) testified or is about to testify in a proceeding concerning such violation;

‘‘(3) assisted or participated or is about to assist or participate in such a proceeding; or

‘‘(4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts.