II

Calendar No. 501

105TH CONGRESS

2D SESSION S. 2112

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.

IN THE SENATE OF THE UNITED STATES

MAY 22, 1998

Mr. ENZI (for himself, Mr. BINGAMAN, Mr. KENNEDY, Mr. JEFFORDS, Mr.

HUTCHINSON, Mr. BROWNBACK, Mr. THOMAS, Mr. NICKLES, Mr.

DEWINE, Mr. DODD, Ms. COLLINS, Mr. HARKIN, and Mr. FRIST) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

JULY 28, 1998

Reported by Mr. JEFFORDS, without amendment

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Postal Employees

5 Safety Enhancement Act’’.
2

S 2112 RS

1 SEC. 2. APPLICATION OF ACT.

2 (a) DEFINITION.—Section 3(5) of the Occupational

3 Safety and Health Act of 1970 (29 U.S.C. 652(5)) is

4 amended by inserting after ‘‘the United States’’ the fol5 lowing: ‘‘(not including the United States Postal Serv6 ice)’’.

7 (b) FEDERAL PROGRAMS.—

8 (1) OCCUPATIONAL SAFETY AND HEALTH.—

9 Section 19(a) of the Occupational Safety and Health

10 Act of 1970 (29 U.S.C. 668(a)) is amended by in11 serting after ‘‘each Federal Agency’’ the following:

12 ‘‘(not including the United States Postal Service)’’.

13 (2) OTHER SAFETY PROGRAMS.—Section

14 7902(a)(2) of title 5, United States Code, is amend15 ed by inserting after ‘‘Government of the United

16 States’’ the following: ‘‘(not including the United

17 States Postal Service)’’.

18 SEC. 3. CLOSING OR CONSOLIDATION OF OFFICES NOT

19 BASED ON OSHA COMPLIANCE.

20 Section 404(b)(2) of title 39, United States Code, is

21 amended to read as follows:

22 ‘‘(2) The Postal Service, in making a determination

23 whether or not to close or consolidate a post office—

24 ‘‘(A) shall consider—
3

S 2112 RS

1 ‘‘(i) the effect of such closing or consolida2 tion on the community served by such post of3 fice;

4 ‘‘(ii) the effect of such closing or consolida5 tion on employees of the Postal Service em6 ployed at such office;

7 ‘‘(iii) whether such closing or consolidation

8 is consistent with the policy of the Government,

9 as stated in section 101(b) of this title, that the

10 Postal Service shall provide a maximum degree

11 of effective and regular postal services to rural

12 areas, communities, and small towns where post

13 offices are not self-sustaining;

14 ‘‘(iv) the economic savings to the Postal

15 Service resulting from such closing or consolida16 tion; and

17 ‘‘(v) such other factors as the Postal Serv18 ice determines are necessary; and

19 ‘‘(B) may not consider compliance with any

20 provision of the Occupational Safety and Health Act

21 of 1970 (29 U.S.C. 651 et seq.).’’.
4

S 2112 RS

1 SEC. 4. PROHIBITION ON RESTRICTION OR ELIMINATION

2 OF SERVICES.

3 (a) IN GENERAL.—Chapter 4 of title 39, United

4 States Code, is amended by adding after section 414 the

5 following:

6 ‘‘§ 415. Prohibition on restriction or elimination of

7 services

8 ‘‘The Postal Service may not restrict, eliminate, or

9 adversely affect any service provided by the Postal Service

10 as a result of the payment of any penalty imposed under

11 the Occupational Safety and Health Act of 1970 (29

12 U.S.C. 651 et seq.).’’.

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—

14 The table of sections for chapter 4 of title 39, United

15 States Code, is amended by adding at the end the follow16 ing:

‘‘415. Prohibition on restriction or elimination of services.’’.

17 SEC. 5. LIMITATIONS ON RAISE IN RATES.

18 Section 3622 of title 39, United States Code, is

19 amended by adding at the end the following:

20 ‘‘(c) Compliance with any provision of the Occupa21 tional Safety and Health Act of 1970 (29 U.S.C. 651 et

22 seq.) shall not be considered by the Commission in deter23 mining whether to increase rates and shall not otherwise

24 affect the service of the Postal Service.’’.

Calendar No. 501

105TH CONGRESS

2D SESSION S. 2112

A BILL

To make the Occupational Safety and Health Act

ployer.Service in the same manner as any other emof 1970 applicable to the United States Postal

JULY 28, 1998

Reported without amendment