To make the Occupational Safety and Health Act of 1970 applicable to the United States Postal Service in the same manner as any other employer. «NOTE: Sept. 28, 1998 - [S. 2112]» This document is also available in Adobe PDF - Click Here [114K]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, «NOTE: Postal Employees Safety Enhancement Act.»
SECTION 1. SHORT TITLE. «NOTE: 39 USC 101 note.»
This Act may be cited as the "Postal Employees Safety Enhancement Act".
SEC. 2. APPLICATION OF ACT.
(a) Definition. -- Section 3(5) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 652(5)) is amended by inserting after "the
United States" the following: "(not including the United States Postal
Service)".
(b) Federal Programs. --
(1) Occupational safety and health. -- Section 19(a) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 668(a)) is
amended by inserting after "each Federal Agency" the
following: "(not including the United States Postal Service)".
(2) Other safety programs. -- Section 7902(a)(2) of title 5,
United States Code, is amended by inserting after "Government
of the United States" the following: "(not including the
United States Postal Service)".
SEC. 3. CLOSING OR CONSOLIDATION OF OFFICES NOT BASED ON OSHA
COMPLIANCE.
Section 404(b)(2) of title 39, United States Code, is amended to
read as follows:
"(2) The Postal Service, in making a determination whether or not
to close or consolidate a post office --
"(A) shall consider --
"(i) the effect of such closing or consolidation on
the community served by such post office;
"(ii) the effect of such closing or consolidation
on employees of the Postal Service employed at such
office;
"(iii) whether such closing or consolidation is
consistent with the policy of the Government, as stated
in section 101(b) of this title, that the Postal Service
shall provide a maximum degree of effective and regular
postal services to rural areas, communities, and small
towns where post offices are not self-sustaining;
"(iv) the economic savings to the Postal Service
resulting from such closing or consolidation; and
"(v) such other factors as the Postal Service
determines are necessary; and
"(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.).".
SEC. 4. PROHIBITION ON RESTRICTION OR ELIMINATION OF SERVICES.
(a) In General. -- Chapter 4 of title 39, United States Code, is
amended by adding after section 414 the following:
"§415. Prohibition on restriction or elimination of services
"The Postal Service may not restrict, eliminate, or adversely
affect any service provided by the Postal Service as a result of the
payment of any penalty imposed under the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.).".
(b) TECHNICAL AND CONFORMING AMENDMENT. -- The table of sections for
chapter 4 of title 39, United States Code, is amended by adding at the
end the following:
"415. Prohibition on restriction or elimination of services.".
SEC. 5. LIMITATIONS ON RAISE IN RATES.
Section 3622 of title 39, United States Code, is amended by adding
at the end the following:
"(c) Compliance with any provision of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.) shall not be considered by
the Commission in determining whether to increase rates and shall not
otherwise affect the service of the Postal Service.".
Approved September 28, 1998.
LEGISLATIVE HISTORY -- S. 2112:
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 31, considered and passed Senate.
Sept. 14, considered and passed House.