---
kind: "section"
citation: "10 C.F.R. § 708.5"
title: "10"
number: "708.5"
heading: "Protected conduct."
url: "https://uscodex.org/cfr/10/708.5"
---

# §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](/cfr/10/708.7.md) 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

### Authority

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.

### Source

Source: 84 FR 37757, Aug. 2, 2019, unless otherwise noted.