20 Million Workers Who Report Product Safety Concerns To Receive Landmark Whistleblower Protection
(Washington, D.C.) – The Government Accountability Project (GAP) applauds Senate and House leaders for reaching conference committee agreement on major consumer product safety legislation just approved by the House in a 424-1 vote. The legislation provides whistleblower rights, enforceable by jury trials, to an estimated twenty million private sector workers connected with the manufacture, distribution, and retail sale of products ranging from toys to clothes, linens, car seats, hardware and household appliances.
Known as the Consumer Product Safety Commission Reform Act, the legislation responds to last fall’s “killer toys” controversy sparked by discoveries of excessive lead in dolls and other common products. The reform significantly tightens safety standards. Its enforcement cornerstone is thorough “best practices” whistleblower protection for employees who refuse to violate the law or who challenge product safety violations.
“Consumers can take these safety reforms seriously, because corporate workers have unsurpassed legally-protected rights to challenge violations,” GAP Legal Director Tom Devine commented. “No whistleblower law on the books has more teeth than Congress has just passed for 20 million workers to defend America’s families.” Referring to analogous legislation for government workers that has been bogged down in a conference committee for eight months, Devine added, “It is long past time for Congress to finalize the same whistleblower rights for government workers that it has approved three times in the last year for corporate employees. The stakes are much higher for those directly responsible to protect the taxpayers’ interests.”
The legislation protects corporate employees who challenge violations of the consumer safety law, or who refuse to violate it themselves. If they do not receive a timely administrative ruling, they can move their cases to court for a jury trial. Those who win will be “made whole” through back pay and compensatory damages.
This reform translates to real protection where it is sorely needed. Examples of safety concerns that workers have been previously fired for, who now would enjoy legal protections against those actions because of the bill, include:
- Smoke detectors that are fire hazards themselves
- Faulty home furnace wiring that sparked fires
- Baby play seats with brittle plastic that could crack and cause fatal falls
- Defectively-designed infant car seats with a greater chance of causing death for some age groups than the car accidents themselves
- Unsafe lighting fixtures whose faulty wiring and insulation could spark shocks or electrocution
Since last October, GAP has led a coalition that swelled to 102 organizations demanding whistleblower rights in this reform. The steadily-increasing base of consumer support overcame intense opposition to whistleblower rights from the National Association of Manufacturers (NAM) and the White House, earning bi-partisan agreement.
GAP Legislative Representative Adam Miles commented, “Big business tried to kill the whistleblower provision at every stage of the legislative process. But, Congress’ commitment to the consumers prevailed over the industry concerns being parroted by the White House.”
This is the third time since the 2006 elections that Congress has enacted sector-specific whistleblower rights, including earlier victories in the 9/11 bill for ground transportation workers and the Defense Authorization Act for defense contractors.
“This is a historic precedent for whistleblower rights,” added Miles. “Now, it is time for Congress to replace chaos with one consistent, coherent free speech law for every private sector employee.”
GAP Executive Director Mark Cohen added, “The one-two punch for this victory was solidarity by consumers with whistleblowers as the public’s eyes and ears, combined with unwavering support by three key Senate offices. Commerce Chair Senators Daniel Inouye (D-Hawaii), and Senators Claire McCaskill (D.-Missouri) and original sponsor Mark Pryor (D.-Arkansas) all refused to blink despite intensive industry lobbying.”
The 112 groups that rallied behind whistleblowers include: Action for a Clean Environment, Alliance for Patient Safety, American Association of Law Libraries, American Association of Small Property Owners, American Booksellers Foundation for Free Expression, American Society of Journalists and Authors, Atlanta WAND, Bill of Rights Defense Committee, Center for Corporate Policy, Center for Inquiry, Center for Science in the Public Interest, Center to Advance Human Potential, Circumpolar Conservation Union, Citizens Awareness Network, Climate Science Watch , Coalition on Political Assassinations 9/11 Research Project, 3.5.7 Commission, Common Cause, Common Ground Relief, Congress Against Racism & Corruption in Law Enforcement (CARCLE), Consumers Union, Council for a Livable World, Defending Dissent Foundation, Defenders of Wildlife, Disaster Accountability Project, Doctors for Open Government, EnviroJustice, Environmental Defense Institute, Essential Information, Ethics in Government Group (EGG), Federation of American Scientists, Feminists for Free Expression, Focus-On-Indiana For Judicial Reform, Food and Water Watch, Fund for Constitutional Government, Georgians for Open Government, Government Accountability Project, Green Party of the United States, HALT, Inc. — An Organization of Americans for Legal Reform, Hanford Challenge, Health Integrity Project, Hudson Bay Company of Illinois , Idaho Rural Council, Information Trust, International Association of Whistleblowers, Integrity International, Iranian American Democratic Association, James Madison Project, Kids in Danger, Liberty Coalition, Micah’s Mission-Ministry to Improve Childhood & Adolescent Health, The Minnesota Coalition on Government Information, Ministry to Improve Childhood and Adolescent Health , MPD Productions, Inc., The Multiracial Activist, National Accountant Whistleblower Coalition (NAWBC), National Coalition Against Censorship, National Consumers League, National Employment Lawyers Association, National Judicial Conduct and Disability Law Project, Inc., National Research Center for Women & Families, National Whistleblower Center, National Women’s Health Network, The New Grady Coalition, New Jersey Work Environment Council, New Orleans Women’s Shelter, No FEAR Coalition, Nuclear Energy Information Service (NEIS), Peace Action & Peace Action Education Fund, OMB Watch, OpenTheGovernment.org, OSC Watch Steering Committee, Our Bodies Ourselves, Parentadvocates.org, Patrick Henry Center, Peacefire.org, PowerUp Nevada City, Proposition One Committee, Professional Inventor’s Alliance, Project on Government Oversight, Public Citizen, Public Employees for Environmental Responsibility, The Rutherford Institute, The Semmelweis Society International (SSI), Society of Professional Journalists, The Social Sustenance Organization, The Student Health Integrity Project (SHIP), Sustainable Energy and Economy Network (SEEN), Taxpayers Against Fraud, Teamsters for a Democratic Union, Trees for the Future, Truckers Justice Center, Union of Concerned Scientists, United Food & Commercial Workers International Union, U.S. Bill of Rights Foundation, Veteran Affairs Whistleblower Foundation, Western Organization of Resource Councils, Whistleblower Mentoring Project, Whistleblowers USA, WoodyMatters, and Workplace Fairness.