The U.S. Consumer Product Safety Commission (Commission or CPSC) is committed to fair regulatory enforcement practices, supports the right of the regulated and small business community to raise concerns about regulatory enforcement actions without the fear of retaliation, and will investigate any allegations of retaliation and take appropriate corrective action to ensure it is not repeated.
Because of the critical importance of these issues, CPSC staff must immediately report any allegation of retaliation to the Office of the Executive Director. In addition, anyone with concerns about retaliation or related issues should contact, or be referred to, the Office of the Executive Director. Matters will be treated in confidence, and the Office of the Executive Director will work with other agency offices to address all relevant issues.
The Office of the National Ombudsman of the U.S. Small Business Administration (SBA/ONO) is responsible for administering and enforcing the Small Business Regulatory Enforcement Fairness Act (SBREFA). The SBA/ONO has asked all federal agencies to make clear that if a small business entity requests its assistance on a matter, or otherwise questions or complains about a federal agency action, the agency will not retaliate in response.
While the Commission will investigate any allegation of retaliation, a complaint to the Office of the Executive Director or the SBA/ONO will not stop or delay agency investigations and legal or administrative proceedings as part of the Commission's ongoing responsibility to enforce federal laws and regulations. If you are a small business under investigation or otherwise subject to a legal or administrative proceeding by the CPSC, any obligation you might have with respect to an enforcement or compliance action is not affected by the filing of your comments with the Office of the Executive Director or the SBA/ONO; and the filing of your comments with the Office of the Executive Director or the SBA/ONO is not a substitute for any legal options you believe are in your best interest.
Small businesses regulated by the Commission may direct comments regarding regulatory enforcement actions to the SBREFA point-of-contact. The Commission's contact is the Small Business Ombudsman. Alternatively, small businesses may choose to contact the SBA/ONO directly by calling 1-888-REG-FAIR (1-888-734-3247), or visit the Small Business Administration's Office of the National Ombudsman's (SBA/ONO) website.