Consumer Product Safety Improvement Act of 2008

Signed into law by George W. Bush
August 14, 2008

The Consumer Product Safety Improvement Act protects consumer product industry employees from retaliation for reporting potential consumer product safety violations to their employers or to the government. It prohibits manufacturers, private labelers, distributors, and retailers from retaliating against an employee because the employee provided information to an employer, a regulatory agency, or a State Attorney General about a reasonably perceived violation of the CPSIA or any other act enforced by the Consumer Product Safety Commission (the Commission).

Enforcement & Remedies

Claims of retaliation under the CPSIA are enforced by Occupational Safety and Health Administration (OSHA). A complainant must file his complaint with OSHA within 180 days of the retaliatory action. OSHA will investigate the claim and may order preliminary relief such as job reinstatement.
Either party can appeal the OSHA outcome by requesting a hearing before a DOL Administrative Law Judge (ALJ). Either party can appeal an ALJ’s decision to the DOL’s Administrative Review Board (ARB). An ARB decision can be appealed to federal court.
A prevailing employee is entitled to “make whole” relief. Remedies may include: (1) reinstatement; (2) back pay; (3) compensatory damages; and (4) attorney fees and litigation costs, including expert witness fees.