S. 2112

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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
S. 2112—2

‘‘(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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.