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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2112 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2112

_______________________________________________________________________

                                 AN ACT

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    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:
``Sec. 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.''.

            Passed the Senate July 31, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2112

_______________________________________________________________________

                                 AN ACT

 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.
```