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"Some are building monuments,
Others, jotting down notes."
Thursday, August 14, 2008
Add Another Whistle - Consumer Product Safety Act
by Michael Fox
Before leaving town, Congress added yet another
whistleblowing provision that was signed into law by President Bush today. A copy of the Whistleblower provision can be found on the DOL's website, Consumer Product Safety Improvement Act of 2008, Sec. 219. Whistleblower protections. Here's the substance of the whistleblowing provision: No manufacturer, private , 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)— labeler, distributor, or retailer ‘‘(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.
The Commission referred to is the
Consumer Product Safety Commission
. Like other federal
statutes it will be enforced by OSHA.
The statute also has protection for employees who participate in proceedings.
What regulations might an employee report under? There's a few of them.
Here's the list:
CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
Part 1000 Commission organization and functions 1009 General statements of policy or interpretation 1010 [Reserved] 1011 Notice of agency activities 1012 Meetings policy--Meetings between agency personnel and outside parties 1013 Government in the Sunshine Act, rules for Commission meetings 1014 Policies and procedures implementing the Privacy Act of 1974 1015 Procedures for disclosure or production of information under the Freedom of Information Act 1016 Policies and procedures for information disclosure and Commission employee testimony in private litigation 1017 [Reserved] 1018 Advisory committee management 1019 Export of noncomplying, misbranded, or banned products 1020 Small business 1021 Environmental review 1025 Rules of practice for adjudicative proceedings 1027 Salary offset 1028 Protection of human subjects 1030 Employee standards of conduct 1031 Commission participation and Commission employee involvement in voluntary standards activities 1033 Display of control numbers for collection of information requirements under the Paperwork Reduction Act 1034 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Consumer Product Safety Commission 1051 Procedure for petitioning for rulemaking 1052 Procedural regulations for informal oral presentations in proceedings before the Consumer Product Safety Commission 1061 Applications for exemption from preemption 1101 Information disclosure under section 6(b) of the Consumer Product Safety Act 1105 Contributions to costs of participants in development of consumer product safety standards 1115 Substantial product hazard reports 1116 Reports submitted pursuant to section 37 of the Consumer Product Safety Act 1117 Reporting of choking incidents involving marbles, small balls, latex balloons and other small parts 1118 Investigations, inspections and inquiries under the Consumer Product Safety Act 1145 Regulation of products subject to other acts under the Consumer Product Safety Act 1201 Safety standard for architectural glazing materials 1202 Safety standard for matchbooks 1203 Safety standard for bicycle helmets 1204 Safety standard for omnidirectional citizens band base station antennas 1205 Safety standard for walk-behind power lawn mowers 1207 Safety standard for swimming pool slides 1209 Interim safety standard for cellulose insulation 1210 Safety standard for cigarette lighters 1211 Safety standard for automatic residential garage door operators 1212 Safety standard for multi-purpose lighters 1213 Safety standard for entrapment hazards in bunk beds 1301 Ban of unstable refuse bins 1302 Ban of extremely flammable contact adhesives 1303 Ban of lead-containing paint and certain consumer products bearing lead-containing paint 1304 Ban of consumer patching compounds containing respirable free-form asbestos 1305 Ban of artificial emberizing materials (ash and embers) containing respirable free-form asbestos 1306 Ban of hazardous lawn darts 1401 Self pressurized consumer products containing chlorofluorocarbons: Requirements to provide the Commission with performance and technical data; requirements to notify consumers at point of purchase of performance and technical data 1402 CB base station antennas, TV antennas, and supporting structures 1404 Cellulose insulation 1406 Coal and wood burning appliances--notification of performance and technical data 1500 Hazardous substances and articles; administration and enforcement regulations 1501 Method for identifying toys and other articles intended for use by children under 3 years of age which present choking, aspiration, or ingestion hazards because of small parts 1502 Procedures for formal evidentiary public hearing 1505 Requirements for electrically operated toys or other electrically operated articles intended for use by children 1507 Fireworks devices 1508 Requirements for full-size baby cribs 1509 Requirements for non-full-size baby cribs 1510 Requirements for rattles 1511 Requirements for pacifiers 1512 Requirements for bicycles 1513 Requirements for bunk beds 1602 Statements of policy or interpretation 1605 Investigations, inspections and inquiries pursuant to the Flammable Fabrics Act 1608 General rules and regulations under the Flammable Fabrics Act 1609 Text of the Flammable Fabrics Act of 1953, as amended in 1954, prior to 1967 amendment and revision 1610 Standard for the flammability of clothing textiles 1611 Standard for the flammability of vinyl plastic film 1615 Standard for the flammability of children's sleepwear: Sizes 0 through 6X (FF 3-71) 1616 Standard for the flammability of children's sleepwear: Sizes 7 through 14 (FF 5-74) 1630 Standard for the surface flammability of carpets and rugs (FF 1-70) 1631 Standard for the surface flammability of small carpets and rugs (FF 2-70) 1632 Standard for the flammability of mattresses and mattress pads (FF 4-72, amended) 1700 Poison prevention packaging 1701 Statements of policy and interpretation 1702 Petitions for exemptions from Poison Prevention Packaging Act requirements; petition procedures and requirements 1750 Standard for devices to permit the opening of household refrigerator doors from the inside