Section 219 largely reflects best practice whistleblower protections. However, these protections should be strengthened to be made more effective: • As a job prerequisite, corporations frequently require employees to waive their statutory free speech rights through nondisclosure agreements and other employment policies. An anti-gag provision should be added, which would protect employees from that maneuver and allow them to more fully exercise their rights under the CPSIA whistleblower provision. • The “frivolous claim” fine, a mechanism that silences potential whistleblowers for fear that they will be fined if DOL determines that their retaliation claim is frivolous and can chill would-be whistleblowers from reporting what they believe to be violations of the law should be removed from the provision. If You Are Considering Blowing the Whistle: Employees have the potential to prevent tragedies resulting from unsafe products. However, they must be protected in the process of protecting the public. Based on available data, the CPSIA whistleblower provision is largely underutilized, and employees that have exercised their rights under the law have had difficulty receiving justice. If you are considering reporting a consumer product safety violation, it is important to consult an employment lawyer and follow guidelines for whistleblower actions.3 3