10 C.F.R. § 708.5

Protected conduct

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An employee of a contractor may file a complaint against his employer alleging that he has been subject to retaliation for:

(a) Disclosing to a DOE official, a member of Congress, any other government official who has responsibility for the oversight of the conduct of operations at a DOE site, the employer, or any higher tier contractor, information that he reasonably believes reveals—

(1) A substantial violation of a law, rule, or regulation;

(2) A substantial and specific danger to employees or to public health or safety; or

(3) Fraud, gross mismanagement, gross waste of funds, or abuse of authority; or

(b) Participating in a Congressional proceeding or an administrative proceeding conducted under this part; or

(c) Subject to § 708.7 of this subpart, refusing to participate in an activity, policy, or practice if the employee believed participation would—

(1) Constitute a violation of a Federal health or safety law; or

(2) Cause the employee to have a reasonable fear of serious injury to himself, other employees, or members of the public.

Notes of Decisions

Cited in 1 case, 2020–2020 · leading case: Rivera v. United States Dep't of Energy (N.D. Cal. 2020).

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Rivera v. United States Dep't of Energy (N.D. Cal. 2020). · cites it 3× “at 420 , OHA dismissed plaintiff’s complaint 27 under Title 10 C.F.R. § 708.5 , finding that plaintiff failed to state a claim upon which relief 1 at 584-92.”

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