10 CFR § 708.5 - Protected conduct.

---
identifier: "/us/cfr/t10/s708.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 708.5 - Protected conduct."
title_number: 10
title_name: "Energy"
section_number: "708.5"
section_name: "Protected conduct."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "708"
part_name: "DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3."
regulatory_source: "84 FR 37757, Aug. 2, 2019, unless otherwise noted."
cfr_part: "708"
---


# 708.5 Protected conduct.

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.