II

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, and Mr. NICKLES) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

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’’.

6 SEC. 2. APPLICATION OF ACT.

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

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

9 amended by inserting after ‘‘the United States’’ the fol-
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•S 2112 IS

1 lowing: ‘‘(not including the United States Postal Serv2 ice)’’.

3 (b) FEDERAL PROGRAMS.—

4 (1) OCCUPATIONAL SAFETY AND HEALTH.—

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

6 Act of 1970 (29 U.S.C. 668(a)) is amended by in7 serting after ‘‘each Federal Agency’’ the following:

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

9 (2) OTHER SAFETY PROGRAMS.—Section

10 7902(a)(2) of title 5, United States Code, is amend11 ed by inserting after ‘‘Government of the United

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

13 States Postal Service)’’.

14 SEC. 3. CLOSING OR CONSOLIDATION OF OFFICES NOT

15 BASED ON OSHA COMPLIANCE.

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

17 amended to read as follows:

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

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

20 ‘‘(A) shall consider—

21 ‘‘(i) the effect of such closing or consolida22 tion on the community served by such post of23 fice;
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•S 2112 IS

1 ‘‘(ii) the effect of such closing or consolida2 tion on employees of the Postal Service em3 ployed at such office;

4 ‘‘(iii) whether such closing or consolidation

5 is consistent with the policy of the Government,

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

7 Postal Service shall provide a maximum degree

8 of effective and regular postal services to rural

9 areas, communities, and small towns where post

10 offices are not self-sustaining;

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

12 Service resulting from such closing or consolida13 tion; and

14 ‘‘(v) such other factors as the Postal Serv15 ice determines are necessary; and

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

17 provision of the Occupational Safety and Health Act

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

19 SEC. 4. PROHIBITION ON RESTRICTION OR ELIMINATION

20 OF SERVICES.

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

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

23 following:
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1 ‘‘§ 415. Prohibition on restriction or elimination of

2 services

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

4 adversely affect any service provided by the Postal Service

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

6 the Occupational Safety and Health Act of 1970 (29

7 U.S.C. 651 et seq.).’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

10 States Code, is amended by adding at the end the follow11 ing:

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

12 SEC. 5. LIMITATIONS ON RAISE IN RATES.

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

14 amended by adding at the end the following:

15 ‘‘(c) Compliance with any provision of the Occupa16 tional Safety and Health Act of 1970 (29 U.S.C. 651 et

17 seq.) shall not be considered by the Commission in deter18 mining whether to increase rates and shall not otherwise

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

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