I
103D CONGRESS
1ST SESSION
H. R. 115
To strengthen the authority to require safe workplaces for Federal and
Postal Service employees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. CLAY introduced the following bill; which was referred to the Committee
on Post Office and Civil Service
SEPTEMBER 9, 1993
Additional sponsors: Mr. MCCLOSKEY, Mr. SAWYER, Mr. SANDERS, Ms.
PELOSI, Mr. ACKERMAN, Mr. FORD of Michigan, Mr. JACOBS, Mr. RAN-
GEL, Mr. WATT, Mr. JEFFERSON, Mr. TOWNS, Mr. BERMAN, Mr. RO-
MERO-BARCELO´, Mrs. CLAYTON, Mrs. MALONEY, Mr. TUCKER, Mrs.
MINK, Mr. YOUNG of Alaska, Mrs. MORELLA, Mr. KLINK, Mr. FILNER,
Mr. HASTINGS, Mr. HINCHEY, Mr. PARKER, Mr. KOPETSKI, Ms.
DANNER, Mr. BLACKWELL, Mr. SERRANO, Mr. LEHMAN, Mr. BROWN of
California, Mr. LANTOS, Ms. NORTON, Ms. ESHOO, Mr. FOGLIETTA, Mr.
LAFALCE, Mr. CONYERS, Ms. VELA´ZQUEZ, Mr. BECERRA, Mr. TORRES,
and Mr. DELLUMS
A BILL
To strengthen the authority to require safe workplaces for
Federal and Postal Service employees, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal and Postal
Service Employees Occupational Safety and Health Act of
1993’’.
SEC. 2. FEDERAL OCCUPATIONAL SAFETY AND HEALTH
PROGRAMS.
(a) NEW SUBCHAPTER.—Chapter 79 of title 5,
United States Code, is amended—
(1) by inserting before section 7901 the follow-
ing:
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’;
(2) by striking out section 7902; and
(3) by adding at the end the following:
‘‘SUBCHAPTER II—FEDERAL OCCUPATIONAL
SAFETY AND HEALTH
‘‘§ 7911. Employee rights and obligations
‘‘Each employee of an agency—
‘‘(1) shall have the right to employment and a
place of employment which are free from recognized
safety and health hazards that are causing or are
likely to cause death or serious physical harm to em-
ployees;
‘‘(2) shall comply with occupational safety and
health standards and all rules, regulations, and or-
ders issued pursuant to this subchapter and section
6 of the Occupational Safety and Health Act of
1970, and all executive orders issued pertaining to
occupational safety and health, which are applicable
to the employee’s own actions and conduct; and
‘‘(3) shall have the right to report unsafe or
unhealthful working conditions to appropriate offi-
cials without fear of reprisal.
The rights of employees under this section are in addition
to any other rights which such employees may have.
‘‘§ 7912. Duties of agencies
‘‘(a) The head of each agency shall—
‘‘(1) furnish employees of such agency employ-
ment and a place of employment which are free from
all recognized hazards that cause or are likely to
cause death or serious physical harm to any such
employees;
‘‘(2) comply with occupational safety and health
standards and rules, regulations, and orders issued
pursuant to this subchapter or section 6 of the Oc-
cupational Safety and Health Act of 1970, except
that an agency or safety and health program of an
agency may incorporate, apply, and provide for safe-
ty and health standards more stringent than those
promulgated under such section 6 pursuant to col-
lective bargaining;
‘‘(3) acquire, maintain and require the use of
such safety equipment, personal protective equip-
ment and clothing, and devices as are reasonably
necessary to protect employees of such agency from
unsafe or unhealthful conditions in the performance
of their duties; and
‘‘(4) ensure that the safety and health program
established under subsection (c) and the agency em-
ployees who administer such program have the
funds, authority, training, and qualified personnel to
effectively carry out the requirements of this sub-
chapter.
‘‘(b)(1) The head of each agency shall appoint a Des-
ignated Agency Safety and Health Officer (hereinafter in
this subchapter referred to as a ‘DASHO’). The DASHO
shall perform such functions as the head of the agency
may from time to time prescribe in establishing and carry-
ing out the agency health and safety program.
‘‘(2) The head of each agency shall appoint such
other subordinate Deputy Designated Agency Safety and
Health Officials each of which shall (hereinafter in this
subchapter be referred to as a ‘Deputy DASHO’) at var-
ious organizational levels as are necessary to assure that
the agency’s health and safety program is carried out at
all organizational levels.
‘‘(c)(1) The head of each agency shall establish and
carry out a comprehensive, agency-wide occupational safe-
ty and health program to reduce or eliminate hazards and
to prevent injuries and illnesses to employees in each agen-
cy worksite. Such programs shall be established and car-
ried out in consultation with employees and, if employees
are represented by a bargaining agent, such programs
shall be consistent with the bargaining unit structure in
the agency or worksite and shall be subject to collective
bargaining.
‘‘(2) Each agency shall establish, by regulation, and
carry out a written safety and health program in each
worksite that includes—
‘‘(A) methods and procedures for identifying,
evaluating, and documenting safety and health haz-
ards, including investigating work-related illnesses,
injuries, and deaths and inspecting worksites under
subsection (d);
‘‘(B) methods and procedures for correcting the
safety and health hazards identified under subpara-
graph (A), including responding to situations that
present serious or imminent danger to employees;
‘‘(C) methods and procedures for providing
emergency response first-aid and other occupational
health services;
‘‘(D) methods and procedures for employee par-
ticipation in the implementation of the agency’s
safety and health program, including participation
through a safety and health committee established
under section 7913, where applicable;
‘‘(E) methods and procedures for providing
safety and health training and education to employ-
ees and to members of a safety and health commit-
tee established under section 7913;
‘‘(F) the designation of representatives of the
agency who have the qualifications, responsibility,
and equipment to identify safety and health hazards
and the authority to initiate corrective action, where
appropriate;
‘‘(G) in the case of a worksite where employees
of 2 or more agencies work, procedures for each
agency to protect employees at the worksite from
hazards under the agency’s control, including proce-
dures to provide information on safety and health
hazards to other agencies and employees at the
worksite; and
‘‘(H) such provisions as the Secretary requires
to effectuate the purposes of this subchapter.
‘‘(3) Each such program shall provide for the devel-
opment of abatement plans to eliminate any working con-
ditions that are unsafe or unhealthful. Such plans shall
provide for the establishment of time periods for actions
to be undertaken and for review by the head of the agency
of actions taken to determine if such conditions were elimi-
nated. The safety and health committee of the agency and
the employee bargaining agent (if any) shall be notified
of actions taken under the plans and of the results of the
review by the head of the agency.
‘‘(4) The head of each agency shall file with the Sec-
retary of Labor the safety and health program adopted
by the agency. The Secretary shall review the program for
conformance with this subchapter and shall report annu-
ally to the head of each agency and the Congress on the
findings of the review.
‘‘(5)(A) The Secretary shall, within 12 months after
the effective date of the Federal and Postal Service Em-
ployees Occupation Safety and Health Act of 1993, issue
final regulations on agency safety and health programs re-
quired by this subsection which shall take effect no later
than 18 months after such effective date.
‘‘(B) The regulations of the Secretary under subpara-
graph (A) respecting an agency’s safety and health pro-
gram shall—
‘‘(i) provide for training and education of em-
ployees, including posting of notices, in a manner
‘‘(C) The agency shall permit employees to take such
time from work as is reasonably necessary to receive train-
ing and education and participate in the agency’s safety
and health program. Training and education provided in
accordance with the regulations of the Secretary shall be
considered hours worked and shall be provided by an agen-
cy at no cost, and with no loss of pay, benefits, or senior-
ity, to employees of the agency.
‘‘(6) The head of each agency shall develop and im-
plement a program for evaluating the effectiveness of the
agency’s safety and health programs on an annual basis.
‘‘(d)(1) In order to carry out the purposes of this sub-
chapter, the head of each agency shall ensure that each
worksite of such agency is inspected at least annually, and
at such additional times in a year—
‘‘(A) as needed—
‘‘(i) in the case of a worksite where there
is an unreasonable or serious risk of accident,
injury, or illness; or
‘‘(ii) to ensure the abatement of hazardous
conditions; and
‘‘(B) as may be required under paragraph (2).
Inspections may be conducted on an announced or unan-
nounced basis.
‘‘(2)(A) Any employee of an agency and any rep-
resentative of such employee may report to the DASHO
or Deputy DASHO in such agency any unsafe or
unhealthy working condition and may request an inspec-
tion under paragraph (1) of the worksite where such con-
dition exists. Upon the request of the individual making
such report, the agency shall not disclose the identity of
any individual who makes such report except to an author-
ized representative of the Secretary of Labor.
‘‘(B) If a report is made under subparagraph (A),
an inspection shall be conducted under paragraph (1)—
‘‘(i) within 12 hours after the receipt of such
report in the case of a condition which presents an
imminent danger to the safety and health of employ-
ees of the agency;
‘‘(ii) within 3 calendar days after the receipt of
such report in the case of a condition which presents
a potentially serious risk to the safety and health of
employees of agency; or
‘‘(iii) within 20 calendar days after the receipt
of such report in the case of a condition other than
1 described in clause (i) or (ii).
‘‘(C)(i) If an inspection is conducted under paragraph
(1), and it is determined on the basis of such inspection
that a danger at the worksite exists that could reasonably
be expected to cause serious physical harm or death, the
inspector conducting such inspection shall notify the em-
ployee in charge of such worksite, the affected employees
in such worksite, the representative of such employees (if
any), the worksite’s safety and health committee, and the
agency DASHO, of such danger. The employee in charge
of such a worksite or an employee authorized to act on
such employee’s behalf shall take such action as may be
appropriate to remove employees from such danger and
to abate such danger.
‘‘(ii) An inspector who determines that a danger de-
scribed in clause (i) exists at a worksite shall record in
writing the procedures followed in the inspection which led
to the discovery of such danger and the findings which
are the basis for the determination that such danger
exists.
‘‘(iii) Each agency shall follow such procedures as the
Secretary of Labor has prescribed for the posting of no-
tices of dangers found in an inspection conducted under
paragraph (1).
‘‘(e)(1) Each agency shall make, keep and preserve,
and make available to the Secretary or the Secretary of
Health and Human Services, such records regarding its
activities relating to this subchapter as the Secretary, in
cooperation with the Secretary of Health and Human
Services, may prescribe by regulation as necessary or ap-
propriate for the enforcement of this subchapter or for de-
veloping information regarding the causes and prevention
of occupational accidents and illnesses.
‘‘(2) Each agency shall maintain accurate records of,
and to make periodic reports on, work-related deaths, inju-
ries, and illnesses, and a work-related illness reported by
an employee or an employee’s physician, unless the agency
makes a reasonable determination that the illness is not
work related. The records and reports required under this
section shall be made available to the Secretary, to the
Secretary of Health and Human Services, to employees
and their representatives and to agency safety and health
committees.
‘‘(3) Each agency shall maintain accurate records of
employee exposures to potentially toxic materials or harm-
ful physical agents which are required to be monitored or
measured under section 6 of the Occupational Health and
Safety Act of 1970. Each agency shall provide employees
or their representatives with an opportunity to observe
such monitoring or measuring, and to have access to the
records thereof, and shall also make appropriate provision
for each employee or former employee to have access to
such records as will indicate that individual’s own expo-
sure to toxic materials or harmful physical agents. Each
agency shall promptly notify any employee who has been
or is being exposed to toxic materials or harmful physical
agents in concentrations or at levels which exceed those
prescribed by an applicable occupational safety and health
standard promulgated under section 6 of the Occupational
Health and Safety Act of 1970, and shall inform any em-
ployee who is being thus exposed, of the corrective action
being taken.
‘‘§ 7913. Safety and health committees
‘‘(a) The head of each agency shall establish a safety
and health committee (hereinafter in this section referred
to as the ‘committee’) at each worksite at which 11 or
more employees are employed, except as provided in sub-
section (d). The head of each agency shall make available
to such committees all information and assistance relevant
and necessary for carrying out the duties of the commit-
tees.
‘‘(b)(1) Each committee shall have the right, within
reasonable limits and in a reasonable manner, to—
‘‘(A) review any safety and health program es-
tablished under section 7912;
‘‘(B) review incidents resulting in work-related
deaths, injuries, and illnesses, and complaints re-
garding safety or health hazards by employees or
committee members;
‘‘(C) review, upon request of agency or em-
ployee representatives on the committee, the agen-
cy’s work injury and illness records, other than per-
sonally identifiable medical information, and other
reports or documents relating to occupational safety
and health;
‘‘(D) conduct inspections of the worksite at
least once every 3 months and in response to com-
plaints regarding safety or health hazards by em-
ployees or committee members;
‘‘(E) conduct interviews with employees in con-
junction with inspections of the worksite;
‘‘(F) conduct meetings at least once every 3
months and maintain written minutes of such meet-
ings;
‘‘(G) call special meetings, where necessary,
with advance notice to members of the committee,
employees, and representatives of employee bargain-
ing agents;
‘‘(H) observe the measurement of employee ex-
posure to toxic materials and harmful physical
agents;
‘‘(I) establish procedures for the committee;
‘‘(J) make, and receive a response from the
agency to—
‘‘(i) recommendations on behalf of the
committee (including the separate views of any
member of the committee); or
‘‘(ii) recommendations on behalf of the
agency or employee representatives on such
committee, to the agency for improvements in
the agency safety and health program and for
the correction of hazards to employee safety or
health;
‘‘(K) accompany the head of the agency or the
head of the agency’s representative during any phys-
ical inspection of the worksite under section
7912(d), and the Secretary or the Secretary’s rep-
resentative during any physical inspection of the
worksite under section 7914;
‘‘(L) review any allegation of reprisals taken
against employees who have taken action in accord-
ance with this subchapter;
‘‘(M) request inspections by the head of the
agency or the Secretary of Labor as needed to en-
sure a hazard-free workplace;
‘‘(N) upon direction of at least one-half of the
members of the committee, report to the Secretary
of Labor on—
‘‘(i) deficiencies in the safety and health
program;
‘‘(ii) deficiencies in actions of the agency in
connection with reprisals taken against employ-
ees; and
‘‘(iii) deficiencies in actions of the agency
in connection with reports of hazardous working
conditions;
‘‘(O) comment on proposed standards, where
applicable; and
‘‘(P) attempt to correct a condition which was
the subject of a complaint, and if the committee can-
not correct such condition, refer the complaint to the
DASHO involved.
‘‘(2) The agency shall permit members of the commit-
tee to take such time from work as is reasonably necessary
to carry out the functions of the committee, without suf-
fering any loss of pay or benefits for time spent on duties
of the committee.
‘‘(c)(1) Each committee shall consist of the employee
safety and health representatives elected or appointed
under paragraph (3) and, up to an equal number of
agency representatives.
‘‘(2) Each committee shall, in any calendar year, in-
clude—
‘‘(A) 1 employee safety and health representa-
tive at each worksite where the average number of
nonmanagerial employees of the agency during the
preceding calendar year was more than 10, but less
than 51;
‘‘(B) 2 employee safety and health representa-
tives at each worksite where the average number of
nonmanagerial employees of the agency during the
preceding calendar year was more than 50 but less
than 101; or
‘‘(C) at each worksite where the average num-
ber of nonmanagerial emloyees of the agency during
the preceding calendar year was more than 100, 2
employee safety and health representatives plus 1
additional representative for every unit of 100 by
which such average exceeds 100, except that not
more than a total of 6 employee safety and health
representatives shall be allowed under this subpara-
graph.
‘‘(3) The agency’s nonmanagerial employees shall, in
accordance with procedures under subsection (d)(1), select
employee safety and health representatives by and from
among themselves, as follows:
‘‘(A) Where none of the agency’s employees at
a worksite are represented by an exclusive bargain-
ing representative, the employees shall select em-
ployee safety and health representatives. An em-
ployee shall have the right to seek to be an employee
safety and health representative and to otherwise
participate in the selection process without being
subject to penalties, discipline, employer inter-
ference, or reprisal of any kind.
‘‘(B) Where the agency’s employees are rep-
resented by a single exclusive bargaining representa-
tive, the bargaining representative shall designate
the employee safety and health representatives.
‘‘(d) The Secretary shall, within 12 months after the
effective date of the Federal and Postal Service Employees
Occupational Safety and Health Act of 1993, issue regula-
tions on safety and health committees. Such regulations
shall be effective within 18 months after such effective
date. Such regulations shall include provisions relating
to—
‘‘(1) the functioning of committees, including
the selection of employee safety and health rep-
resentatives, the terms of employee safety and health
representatives, and maintenance of records; and
‘‘(2) the functioning of committees and the
number of employee safety and health representa-
tives—
‘‘(A) where an agency’s employees do not
primarily report to or work at a fixed location;
‘‘(B) with regard to worksites with less
than 11 employees of an agency;
‘‘(C) where employees of more than 1
agency employer are employed; and
‘‘(D) where more than 1 exclusive bargain-
ing representative has been certified to rep-
resent the agency’s employees or where some
but not all of the employees are represented by
an exclusive bargaining representative.
‘‘(e) The rights and remedies provided to employees
and employee safety and health representatives by this
section are in addition to any other rights and remedies
provided by contract, by other provisions of this sub-
chapter, or by other applicable law, and are not intended
to alter or affect such rights and remedies.
‘‘§ 7914. Inspections and investigations by the Sec-
retary
‘‘(a) In order to carry out the purposes of this sub-
chapter, the Secretary is authorized—
‘‘(1) to enter without delay any facility, site, es-
tablishment or other area, work place, or environ-
ment where work is performed by an employee of an
agency; and
‘‘(2) to inspect and investigate, within reason-
able limits and in a reasonable manner, any such
place of employment and all pertinent conditions,
structures, machines, apparatus, devices, equipment,
and materials therein, and to question privately any
such agency employee or official.
‘‘(b) In making any inspection or investigation under
this subchapter, the Secretary may require the attendance
and testimony of witnesses and the production of evidence
under oath. Witnesses who are not employees of the agen-
cy shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States. In case of
contumacy, or a failure or refusal of any person to obey
such an order, any district court of the United States or
the United States courts of any territory or possession,
within the jurisdiction of which such person is found, re-
sides, or transacts business, upon the application by the
Secretary, shall have jurisdiction to issue to such person
an order requiring such person to appear to produce evi-
dence if, as, and when so ordered, and to give testimony
relating to the matter under investigation or in question,
and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
‘‘(c)(1) Subject to regulations issued by the Sec-
retary, a representative of the agency and a representative
‘‘(2) The Secretary shall investigate any work-related
death or serious incident which is attributable to unsafe
or unhealthful working conditions.
‘‘(3) If any such death or serious incident occurs in
a place of employment covered by this subchapter, the
agency shall notify the Secretary of the death or serious
incident and shall take appropriate measures to prevent
the destruction or alteration of any evidence that would
assist in investigating the death or serious incident. The
appropriate measures required by this paragraph do not
prevent an agency from taking action at a worksite to pre-
vent injury to employees or substantial damage to prop-
erty. If an agency takes such action, the agency shall no-
tify the Secretary of the action.
‘‘(h)(1) Random, unannounced inspections of a sta-
tistically valid sample of Federal worksites shall be con-
ducted at workplaces which are representative of work-
places in agencies and on an annual basis. In the course
of such an inspection, the implementation of the safety
and health program of the agency being inspected shall
be reviewed.
‘‘(2) The assessment of the Secretary of Labor of a
worksite’s compliance with the applicable agency safety
and health program shall be reported to the head of the
agency, to employees or their representatives, and to agen-
cy safety and health committees.
‘‘§ 7915. Citations
‘‘(a) If, upon inspection or investigation, the Sec-
retary or the Secretary’s authorized representative believes
that an agency has violated a requirement of section 7911,
7912, or 7913, of any standard, rule or order promulgated
pursuant to section 6 of the Occupational Health and
Safety Act of 1970, or of any regulations prescribed pur-
suant to such Act, the Secretary shall with reasonable
promptness issue a citation to the agency. Each citation
shall be in writing and shall describe with particularity
the nature of the violation, including a reference to the
provision of law, standard, rule, regulation, or order al-
leged to have been violated. In addition, the citation shall
fix a reasonable time for the abatement of the violation.
The Secretary may prescribe procedures for the issuance
of a notice in lieu of a citation with respect to de minimis
violations which have no direct or immediate relationship
to safety or health.
‘‘(b) Each citation issued under this section, or a
copy or copies thereof, shall be prominently posted, as pre-
scribed in regulations issued by the Secretary, at or near
each place a violation referred to in the citation occurred.
‘‘(c) No citation may be issued under this section
after the expiration of 6 months following the occurrence
of any violation. The 6-month time limit shall not apply
to a notification of penalty.
‘‘(d) A citation issued under this section to an agency
that violates the requirements of paragraph (1) or (3) of
section 7911 or section 7912(a), any standard, rule, or
order promulgated pursuant to section 6 of the Occupa-
tional Health and Safety Act of 1970, or any other regula-
tion promulgated under such Act shall be vacated if such
agency demonstrates that—
‘‘(1) employees of such agency have been pro-
vided with the proper training and equipment to pre-
vent such a violation;
‘‘(2) work rules designed to prevent such a vio-
lation have been established and adequately commu-
nicated to employees by such agency and have been
effectively enforced when a violation of work rules
has been discovered;
‘‘(3) the failure of employees to observe work
rules led to the violation; and
‘‘(4) reasonable steps have been taken by such
agency to discover any violation of a work rule.
‘‘§ 7916. Procedure for enforcement
‘‘(a) If, after an inspection or investigation, the Sec-
retary issues a citation under section 7915, the Secretary
shall, within a reasonable time after the termination of
such inspection or investigation, notify the agency by cer-
tified mail of the penalty, if any, proposed to be assessed
under section 7916e and that the agency has 15 working
days within which to notify the Secretary that such agency
wishes to contest the citation or proposed assessment of
penalty. If, within 15 working days after the receipt of
the notice issued by the Secretary the agency fails to no-
tify the Secretary that the agency intends to contest the
citation or proposed assessment of penalty, and no notice
is filed by any employee or representative of employees
under subsection (c) within such time, the citation and
the assessment, as proposed, shall be deemed a final order
of the Occupational Safety and Health Commission and
not subject to review by any court or agency.
‘‘(b) If an agency has failed to correct a violation for
which a citation has been issued within the period per-
mitted for its correction (which period for other than seri-
ous violations shall not begin to run until the entry of a
final order by the Commission in the case of any review
proceedings under this section initiated by the agency in
good faith and not solely for delay or avoidance of pen-
alties), the Secretary shall notify the agency by certified
mail of such failure and of the penalty proposed to as-
sessed under section 7916e by reason of such failure, and
that the agency has 15 working days within which to no-
tify the Secretary that such agency wishes to contest the
Secretary’s notification or the proposed assessment of pen-
alty. If, within 15 working days after the receipt of notifi-
cation issued by the Secretary, the agency fails to notify
the Secretary that it intends to contest the notification
or proposed assessment of penalty, the notification and as-
sessment, as proposed, shall be deemed a final order of
the Commission and not subject to review by any court
or agency.
‘‘(c) If an agency notifies the Secretary that it in-
tends to contest a citation issued under section 7915(a)
or a modification of a citation or notification issued under
subsection (a) or (b) of this section, or if, within 15 work-
ing days after the issuance of a citation under section
7915(a), any employee or representative of employees files
a notice with the Secretary alleging that the citation fails
properly to designate the violation as serious, willful, or
repeated, or that the proposed penalty is not adequate,
or alleging that the period of time fixed in the citation
for the abatement of the violation is unreasonable, the
Secretary shall immediately advise the Commission of
such notification, and the Commission shall afford an op-
portunity for a hearing (in accordance with section 554,
but without regard to subsection (a)(3) of such section).
The pendency of a contest before the Commission shall
not bar the Secretary from inspecting a place of employ-
ment or from issuing a citation under section 7915. The
Commission shall thereafter issue an order, based on find-
ings of fact, affirming, modifying, or vacating the Sec-
retary’s citation or proposed penalty, or directing other
appropriate relief, and such order shall become final 30
days after its issuance. Upon a showing by an agency of
a good faith effort to comply with the abatement require-
ments of a citation, and that abatement has not been com-
pleted because of factors beyond the agency’s reasonable
control, the Secretary, after an opportunity for a hearing
as provided in this subsection, shall issue an order affirm-
ing or modifying the abatement requirements in such cita-
tion. The rules of procedure prescribed by the Commission
shall provide affected employees or representatives of af-
fected employees an opportunity to participate as parties
to proceedings under this subsection.
‘‘(d) For each violation which the Secretary charac-
terizes as serious, willful, or repeated, the period permitted
for the correction of the violation shall begin to run upon
receipt of the citation. The filing of a notice of contest
by an agency shall not operate as a stay of the period
for correction of the violation. The Commission, on the
basis of an agency’s motion, may stay the running of such
period. In determining whether a stay should be issued,
the Commission shall consider—
‘‘(1) whether the agency has demonstrated a
likelihood of success on the merits;
‘‘(2) whether the agency will suffer irreparable
harm absent a stay;
‘‘(3) whether issuance of the stay will substan-
tially injure the other parties interested in the pro-
ceeding; and
‘‘(4) the public interest.
‘‘(e) Each agency to which a citation for a serious,
willful, or repeated violation has been issued under section
7915 shall verify the abatement of such violation in writ-
ing to the Secretary not later than 10 days after the pe-
riod for correction of the violation has expired. In addition,
each such agency shall prominently post, within 10 days
after the verification of abatement, at or near each place
a violation occurred a notice that the violation has been
abated, and shall make available to employees and em-
ployee representatives for inspection a copy of the verifica-
tion of abatement provided to the Secretary pursuant to
this subsection. The Secretary shall issue regulations to
implement this subsection within one year of the date of
the enactment of the Federal and Postal Service Employ-
ees Occupational Safety and Health Act of 1993.
‘‘(f)(1) If the Secretary intends to withdraw or to
modify a citation as a result of any agreement with the
cited agency, the rules of procedure prescribed by the
Commission shall provide for prompt notice to affected
employees or representatives of affected employees, which
notice shall include the terms of the proposed agreement.
‘‘(2) Within 15 working days of receipt of the notice
provided in accordance with paragraph (1), any employee
or representative of employees, regardless of whether such
employee or representative has previously elected to par-
ticipate in the proceedings, shall have the right to file a
notice with the Secretary alleging that the proposed agree-
ment fails to effectuate the purposes of this subchapter
and stating the respects in which it fails to do so.
‘‘(3) Upon receipt of a notice filed under paragraph
(2), the Secretary shall consider the matter, and if the
Secretary determines to proceed with the proposed agree-
ment, the Secretary shall respond with particularity to the
statements presented in that notice.
‘‘(4) Within 15 working days following the Sec-
retary’s response provided pursuant to paragraph (3), the
employee or representative of employees shall, upon a re-
quest to the Commission, have the right to a hearing as
to whether adoption of the proposed agreement would ef-
fectuate the purposes of this subchapter, including a de-
termination as to whether the proposed agreement would
adequately abate the alleged violations.
‘‘(5) If the Commission determines that a proposed
agreement fails to effectuate the purposes of this sub-
chapter, the proposed agreement shall not be entered as
an order of the Commission and the citation shall not be
withdrawn or modified in accordance with the proposed
agreement.
‘‘(g) To the extent applicable, the provisions of sec-
tion 12 of the Occupational Safety and Health Act of 1970
shall govern proceedings before the Commission under this
subchapter.
‘‘§ 7916a. Judicial review
‘‘(a) Any person adversely affected or aggrieved by
an order of the Commission issued under subsection (c)
or (f) of section 7916 may obtain a review of such order
in any United States court of appeals for the circuit in
which the violation is alleged to have occurred or where
the agency has its principal office, or in the Court of Ap-
peals for the District of Columbia Circuit, by filing in such
court within 60 days following the issuance of such order
a written petition praying that the order be modified or
set aside. A copy of such petition shall be forthwith trans-
mitted by the clerk of the court to the Commission and
to the other parties, and thereupon the Commission shall
file in the court the record in the proceeding as provided
in section 2112 of title 28. Upon such filing, the court
shall have jurisdiction of the proceeding and of the ques-
tion determined therein, and shall have power to grant
such temporary relief or restraining order as it deems just
and proper, and to make and enter upon the pleadings,
testimony, and proceedings set forth in such record a de-
cree affirming, modifying, or setting aside in whole or in
part, the order of the Commission and enforcing the same
to the extent that such order is affirmed or modified. The
commencement of proceedings under this subsection shall
not, unless ordered by the court, operate as a stay of the
order of the Commission. No objection that has not been
urged before the Commission shall be considered by the
court, unless the failure or neglect to urge such objection
shall be excused because of extraordinary circumstances.
The findings of the Commission with respect to questions
of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. If any party
shall apply to the court for leave to adduce additional evi-
dence and shall show to the satisfaction of the court that
such additional evidence is material and that there were
reasonable grounds for the failure to adduce such evidence
in the hearing before the Commission, the court may order
such additional evidence to be taken before the Commis-
sion and to be made a part of the record. The Commission
may modify its findings as to the facts, or make new find-
ings, by reason of additional evidence so taken and filed,
and it shall file such modified or new findings, which find-
ings with respect to questions of fact, if supported by sub-
stantial evidence on the record considered as a whole, shall
be conclusive, and its recommendations, if any, for the
modification or setting aside of its original order. Upon
the filing of the record with it, the jurisdiction of the court
shall be exclusive and its judgment and decree shall be
final, except that the same shall be subject to review by
the Supreme Court of the United States, as provided in
section 1254 of title 28.
‘‘(b) The Secretary may also obtain review or enforce-
ment of any final order of the Commission by filing a peti-
tion for such relief in the United States court of appeals
for the circuit in which the alleged violation occurred or
in which the agency has its principal office, and the provi-
sions of subsection (a) shall govern such proceedings to
the extent applicable. If no petition for review, as provided
in subsection (a), is filed within 60 days after service of
the Commission’s order, the Commission’s findings of fact
and order shall be conclusive in connection with any peti-
tion for enforcement which is filed by the Secretary after
the expiration of such 60-day period. In any such case,
as well as in the case of a noncontested citation or notifi-
cation by the Secretary which has become a final order
of the Commission under subsection (a) or (b) of section
7916, the clerk of the court, unless otherwise ordered by
the court, shall forthwith enter a decree enforcing the
order and shall transmit a copy of such decree to the Sec-
retary and the agency named in the petition. In any con-
tempt proceeding brought to enforce a decree of a court
of appeals entered pursuant to this subsection or sub-
section (a), the court of appeals may assess the penalties
provided in section 7916e, in addition to invoking any
other available remedies.
‘‘§ 7916b. Procedures to counteract imminent dangers
‘‘(a)(1) If the Secretary determines, on the basis of
an inspection or investigation under this subchapter, that
a condition or practice in a place of employment is such
that an imminent danger to safety or health exists that
could reasonably be expected to cause death or serious
physical harm or permanent impairment to the health or
functional capacity of employees if not corrected imme-
diately, the Secretary shall so inform the agency and af-
fected employees and representatives of affected employ-
ees, and shall request that the condition or practice be
corrected immediately or that employees be immediately
removed from exposure to such danger.
‘‘(2) If the agency refuses to comply with the request
under paragraph (1), the Secretary shall immediately
cause notice to be posted in the workplace identifying the
equipment, process, or practice that is the source of the
imminent danger. Such notice shall take the form of a tag
or other device that will be seen by employees who might
otherwise be exposed to the dangerous equipment, process,
or practice. The notice shall be removed only by the Sec-
retary.
‘‘(3) The fact that notice under paragraph (2) has
been posted shall be noted in any citation issued pursuant
to section 7915 with respect to the hazard involved.
‘‘(4) No person shall discharge or in any manner dis-
criminate against any employee because such employee
has refused to perform a duty that has been identified as
the source of an imminent danger by a notice posted pur-
suant to paragraph (2). The right to refuse to perform
such a duty shall be in addition to any other right to
refuse to perform hazardous work that is afforded to em-
ployees by this subchapter, by standards or regulations is-
sued pursuant to this subchapter, by contract, or by other
applicable law.
‘‘(b) The United States district courts shall have ju-
risdiction, upon petition of the Secretary, to restrain any
conditions or practices in any place of employment which
pose an imminent danger as described in subsection (a).
Any order issued under this section may require such
steps to be taken as may be necessary to avoid, correct,
or remove such imminent danger and prohibit the employ-
ment or presence of any individual in locations or under
conditions where such imminent danger exists, except indi-
viduals whose presence is necessary to avoid, correct, or
remove such imminent danger or to maintain the capacity
of a continuous process operation to resume normal oper-
ations without a complete cessation of operations, or
where a cessation of operations is necessary, to permit
such to be accomplished in a safe and orderly manner.
‘‘(c) Upon the filing of any such petition, the district
court shall have jurisdiction to grant such injunctive relief
or temporary restraining order pending the outcome of an
enforcement proceeding pursuant to this subchapter. The
proceeding shall be as provided by Rule 65 of the Federal
Rules of Civil Procedure, except that no temporary re-
straining order issued without notice shall be effective for
a period longer than 5 days.
‘‘(d) If the Secretary arbitrarily or capriciously fails
to seek relief under this section, any employee who may
be injured by reason of such failure, or the representative
of such employees, may bring an action against the Sec-
retary in the United States district court for the district
in which the imminent danger is alleged to exist or the
employer has its principal office, or for the District of Co-
lumbia, for a writ of mandamus to compel the Secretary
to seek such an order and for such further relief as may
be appropriate.
‘‘§ 7916c. Representation in civil litigation
‘‘Except as provided in section 518(a) of title 28, re-
lating to litigation before the Supreme Court, the Solicitor
of Labor may appear for and represent the Secretary in
any civil litigation brought under this subchapter.
‘‘§ 7916d. Variations, tolerances, and exemptions
‘‘The Secretary, on the record, after notice and op-
portunity for a hearing, may provide such reasonable limi-
tations and may make such rules and regulations allowing
reasonable variations, tolerances, and exemptions to and
from any or all provisions of this subchapter as the Sec-
retary may find necessary and proper to avoid serious im-
pairment of the national defense. Such action shall not
be in effect for more than 6 months without notification
to affected employees and an opportunity being afforded
for a hearing.
‘‘§ 7916e. Penalties
‘‘(a) Any agency that willfully or repeatedly violates
the requirements of section 7911, 7912, or 7913 of this
title, any standard, rule, or order promulgated pursuant
to section 6 of the Occupational Health and Safety Act
of 1970, or regulations prescribed pursuant to this sub-
chapter, may be assessed a civil penalty of not more than
$70,000 for each violation, but not less than $5,000 for
each willful violation.
‘‘(b) Any agency that has received a citation for a
serious violation of the requirements of section 7911,
7912, or 7913 of this title, of any standard, rule, or order
promulgated pursuant to section 6 of the Occupational
Health and Safety Act of 1970, or of any regulations pre-
scribed pursuant to this subchapter, shall be assessed a
civil penalty of up to $7,000 for each such violation.
‘‘(c) Any agency that has received a citation for a
violation of the requirements of section 7911, 7912, or
7913 of this title, of any standard, rule, or order promul-
gated pursuant to section 6 of the Occupational Health
and Safety Act of 1970, or of regulations prescribed pur-
suant to this subchapter, and which violation is specifically
determined not to be of a serious nature, may be assessed
a civil penalty of up to $7,000 for each violation.
‘‘(d) Any agency that fails to correct a violation for
which a citation has been issued under section 7915(a)
within the period permitted for its correction (which pe-
riod for other than serious violations shall not begin to
run until the date of the final order of the Commission
in the case of any review proceeding under section 7916
initiated by the agency in good faith and not solely for
delay or avoidance of penalties), may be assessed a civil
penalty of not more than $7,000 for each day during
which such failure or violation continues.
‘‘(e) Any agency that willfully violates the require-
ments of section 7911, 7912, or 7913 of this title or any
standard, rule, or order promulgated pursuant to section
6 of the Occupational Health and Safety Act of 1970, or
of any regulations prescribed pursuant to this subchapter,
and which violation caused the death of any employee,
shall, upon conviction, be punished by a fine in accordance
with section 3571 of title 18.
‘‘(f) Any person who gives advance notice of any in-
spection to be conducted under this subchapter, without
authority from the Secretary or the Secretary’s designee,
shall, upon conviction, be punished by a fine in accordance
with section 3571 of title 18, or by imprisonment for not
more than 2 years, or by both.
‘‘(g) Whoever knowingly makes any false statement,
representation, or certification in any application, record,
report, plan, or other document filed or required to be
maintained pursuant to this subchapter shall, upon convic-
tion, be punished by a fine in accordance with section
3571 of title 18, or by imprisonment for not more than
1 year, or by both.
‘‘(h) In the event that an agency does not imme-
diately correct a hazard described in section 7916b(a) or
remove all employees from exposure thereto, the agency
shall be assessed a civil penalty of not less than $10,000
and not more than $50,000 for each day during which
an employee continues to be exposed to the hazard.
‘‘(i) Any agency that willfully violates the require-
ments of section 7911, 7912, or 7913 of this title, of any
standard, rule, or order promulgated pursuant to section
6 of the Occupational Health and Safety Act of 1970, or
of any regulation prescribed pursuant to this subchapter,
and which violation causes serious bodily injury to any em-
ployee but does not cause the death of any employee, shall,
upon conviction, be punished by a fine in accordance with
section 3571 of title 18.
‘‘(j) Any agency that violates any of the posting re-
quirements, as prescribed under the provisions of this sub-
chapter, shall be assessed a civil penalty of up to $7,000
for each violation.
‘‘(k) The Commission shall have authority to assess
all civil penalties provided in this section, giving due con-
sideration to the appropriateness of the penalty with re-
spect to the gravity of the violation, the good faith of the
agency, and the history of previous violations.
‘‘(l) For purposes of this section, a serious violation
shall be deemed to exist in a place of employment if there
is a substantial probability that death or serious physical
harm could result from a condition which exists, or from
one or more practices, means, methods, operations, or
processes which have been adopted or are in use, in such
place of employment unless the agency did not, and could
not with the exercise of reasonable diligence, know of the
presence of the violation.
‘‘(m) Civil penalties owed under this subchapter shall
be paid to the Secretary for deposit into the Secretary’s
penalty fund established under section 7920b and may be
recovered in a civil action in the name of the United States
brought in the United States district court for the district
where the violation is alleged to have occurred or where
the agency has its principal office.
‘‘(n) Nothing in this subchapter shall preclude State
and local law enforcement agencies from conducting crimi-
nal prosecutions in accordance with the laws of such State
or locality.
‘‘(o) It is the sense of the Congress that no agency
should pay any fine under this subchapter out of any
funds appropriated for employee salaries or expenses.
‘‘§ 7916f. Office of Federal Programs
‘‘The Secretary shall establish within the Department
of Labor an Office of Federal Programs which shall have
jurisdiction on behalf of the Secretary over this subchapter
and which shall be headed by an Assistant Deputy Sec-
retary of Labor.
‘‘§ 7917. Special Federal occupational safety and
health enforcement procedures
‘‘(a)(1) The President shall appoint, by and with the
advice and consent of the Senate, a Special Counsel for
Federal Occupational Safety and Health Enforcement
(hereinafter in this subchapter referred to as the ‘Special
Counsel’). The Special Counsel may be removed by the
President only for inefficiency, neglect of duty, or malfea-
sance in office. The Special Counsel shall be in the De-
partment of Labor, and the Secretary of Labor shall pro-
vide the Special Counsel such administrative support serv-
ices as the Special Counsel may require.
‘‘(2) The Special Counsel may petition any court of
appeals of the United States for the enforcement of any
order of the Occupational Safety and Health Review Com-
mission issued under section 7916 or for any appropriate
temporary relief, restraining order, or abatement against
any agency.
‘‘(b) Any employee, or the representative of such em-
ployees, who may be adversely affected by a failure of an
agency, the Secretary, or the Commission to carry out any
duty under this subchapter, may bring an action in the
United States district court for the district in which such
failure is alleged to have occurred or the agency has its
principal place of business, or for the District of Columbia,
to compel such agency, the Secretary, or the Commission
to carry out such duty and for such further relief as may
be appropriate.
‘‘§ 7918. Administrator of General Services
‘‘(a) The Administrator of General Services shall not
provide any agency with space which contains any hazards
or conditions which violate this subchapter or the Occupa-
tional Safety and Health Act of 1970.
‘‘(b) The Administrator of General Services shall in-
vestigate, upon request of an agency, any report of unsafe
or unhealthy conditions in a facility provided by the Ad-
ministrator. The Administrator shall abate any unsafe or
unhealthy condition disclosed by such an investigation or
submit to the agency a plan to abate such unsafe or
unhealthy condition.
‘‘(c) The Administrator of General Services shall
maintain a log of any report by an agency of any unsafe
or unhealthy condition in a building occupied by the agen-
cy and provided by the Administrator. Any person who
leases a building to an agency under the direction of the
Administrator shall maintain such a log.
‘‘(d) Any lease of a building to an agency which is
entered into by a private person under the direction of
the Administrator of General Services shall be subject to
the requirements of this section and the Occupational
Safety and Health Act of 1970.
‘‘§ 7919. Annual report
‘‘Within 60 days following the convening of each reg-
ular session of each Congress, the Secretary and the Sec-
retary of Health and Human Services shall together pre-
pare and submit to the President for transmittal to the
Congress a report upon the subject matter of this sub-
chapter, the progress toward achievement of the purpose
of this subchapter, and any other relevant information.
‘‘§ 7920. Whistleblower protection
‘‘(a) No person shall discharge, discipline, or in any
manner discriminate against any employee with respect to
the employee’s compensation or other terms or conditions
of employment because such employee (or any person act-
ing on behalf of the employee) has filed any complaint or
caused to be instituted any proceedings relating to a viola-
tion of this subchapter or of any regulation promulgated
under this subchapter, or has testified or is about to tes-
tify in any such proceeding.
‘‘(b) No person shall discharge, discipline, or in any
manner discriminate against an employee with respect to
the employee’s compensation or other terms or conditions
of employment for refusing to perform the employee’s du-
ties, if performing such duties would result in a substan-
tial and specific violation of this subchapter. In order to
qualify for protection under this subsection, the employee
must have sought from the employee’s employing agency,
and have been unable to obtain, correction of the cir-
cumstances causing such refusal.
‘‘(c) The actions described in subsections (a) and (b)
shall be considered ‘prohibited personnel practices’ under
section 2302.
‘‘(d) Nothing in this section shall be considered to
apply with respect to an officer or employee of the United
States Postal Service or the Postal Rate Commission.
‘‘§ 7920a. Victims’ rights
‘‘(a) For purposes of this section, the term ‘victim’
means—
‘‘(1) an employee who has sustained a work-re-
lated injury or illness which is or was the subject of
an inspection or investigation conducted under sec-
tion 7914; and
‘‘(2) a family member of any employee who died
as a result of a work-related injury or illness which
is or was the subject of an inspection or investiga-
tion (conducted under section 7914) into a death or
serious incident.
‘‘(b) On request, a victim shall be afforded the right,
with respect to the work-related injury, illness, or death
referred to in paragraph (1) or (2) of subsection (a), as
applicable—
‘‘(1) to meet with the Secretary or an author-
ized representative of the Secretary respecting the
inspection or investigation conducted under section
7914 with respect to such injury, illness, or death,
before the Secretary’s decision to issue a citation or
to take no action; and
‘‘(2) to receive, at no cost, a copy of any cita-
tion or report issued as a result of such inspection
or investigation on the date the citation or report is
issued, and to be informed of any notice of contest
filed under section 7916.
‘‘(c) Before entering into an agreement to withdraw
or modify a citation issued as a result of an inspection
or investigation of a death or serious incident under sec-
tion 7914, the Secretary, on request, shall provide an op-
portunity to the victim involved to appear and make a
statement before the parties conducting any settlement ne-
gotiations.
‘‘(d) If this section is violated, a victim may be af-
forded 1 or more of the following:
‘‘(1) Declaratory relief.
‘‘(2) Injunctive relief.
‘‘(3) Recovery of any costs incurred in securing
the documents referred to in subsections (b)(2) and
(c).
‘‘(4) Reasonable attorney’s fees and costs.
‘‘(e) NOTIFICATION.—The Secretary shall take rea-
sonable actions to inform victims of their rights under this
section.
‘‘§ 7920b. Federal Occupational Safety and Health
Training Fund
‘‘(a) There is established in the Treasury of the Unit-
ed States an account to be known as the Federal Occupa-
tional Safety and Health Training Fund (hereinafter in
this subchapter referred to as the ‘Fund’). The Fund, and
any amounts deposited in it, including any interest earned
thereon, shall be available to the Secretary, subject to ap-
propriations Acts, to develop and implement agency train-
ing and education programs in occupational safety and
health.
‘‘(b) Amounts in the Fund which are not currently
needed for the purpose of this section shall be kept on
deposit or invested in obligations of, or guaranteed by, the
United States and all earnings on such investments shall
be deposited in the Fund.
‘‘(c) The Secretary shall transmit to the Committee
on Post Office and Civil Service of the House of Rep-
resentatives, not later than 4 months after the end of each
fiscal year, a report on the financial condition, uses, and
operation of the Fund during the preceding fiscal year.
‘‘§ 7921. Definitions
‘‘For the purpose of this subchapter—
‘‘(1) the term ‘agency’ means an Executive
agency, the United Postal Service, and the Postal
Rate Commission;
‘‘(2) the term ‘Commission’ means the Occupa-
tional Safety and Health Review Commission estab-
lished under the Occupational Safety and Health Act
of 1970;
‘‘(3) the term ‘Secretary’ means the Secretary
of Labor; and
‘‘(4) a hazard, violation, or condition shall be
considered to be ‘serious’ if there is a reasonable
probability that death or serious physical harm could
result therefrom.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 79 of title 5, United States Code, is
amended—
(1) by inserting after the chapter heading the
following: ‘‘SUBCHAPTER I—GENERAL PROVI-
SION’’, and
(2) by adding at the end the following:
‘‘SUBCHAPTER II—FEDERAL OCCUPATIONAL SAFETY AND
HEALTH
‘‘Sec.
‘‘7911. Employee rights and obligations.
‘‘7912. Duties of agencies.
‘‘7913. Safety and health committees.
‘‘7914. Inspections and investigations by the Secretary.
‘‘7915. Citations.
‘‘7916. Procedure for enforcement.
‘‘7916a. Judicial review.
‘‘7916b. Procedures to counteract imminent dangers.
‘‘7916c. Representation in civil litigation.
‘‘7916d. Variations, tolerances, and exemptions.
‘‘7916e. Penalties.
‘‘7916f. Office of Federal Programs.
‘‘7917. Special Federal occupational safety and health enforcement procedures.
‘‘7918. Administrator of General Services.
‘‘7919. Annual report.
‘‘7920. Whistleblower protection.
‘‘7920a. Victims’ rights.
‘‘7920b. Federal Occupational Safety and Health Training Fund.
‘‘7921. Definitions.’’.
SEC. 3. POSTAL SERVICE OCCUPATIONAL SAFETY AND
HEALTH PROGRAMS.
(a) DEFINITIONS.—For the purpose of this section—
(1) the term ‘‘Postal Service’’ means the United
States Postal Service;
(2) the term ‘‘major new mechanization, equip-
ment, or technology’’ means any major new mecha-
nization, equipment, or technology which, if imple-
mented by the Postal Service, would directly af-
fect—
(A) the way in which employees of the
Postal Service perform their work; or
(B) their safety or health;
(3) the term ‘‘joint labor-management postal
safety committee’’ means a committee—
(A) comprised of individuals representing
the Postal Service and representatives of labor
organizations representing employees of the
Postal Service;
(B) which operates on a national level; and
(C) a primary purpose of which involves
the evaluation and advancement of programs
designed to protect the safety and health of
postal employees; and
(4) the term ‘‘NIOSH’’ means the National In-
stitute of Occupational Safety and Health of the De-
partment of Health and Human Services.
(b) APPLICABILITY
OF CERTAIN PROVISIONS
OF
OSHA.—Paragraph (7) of section 410(b) of title 39,
United States Code, is amended to read as follows:
‘‘(7) subchapter II of chapter 79 of title 5 (ex-
cluding section 7920 of such title);’’.
(c) STANDARDS OF ERGONOMIC HAZARDS.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Postmaster
General, in consultation with the Secretary of Labor,
shall issue standards on ergonomic hazards to pro-
tect employees of the Postal Service from work-relat-
ed musculoskeletal disorders.
(2) 
SPECIFIC
REQUIREMENTS.—Standards
under this subsection shall include requirements
for—
(A) a program relating to employees who
are exposed to ergonomic hazards, including
provisions for—
(i) hazard identification;
(ii) control measures;
(iii) medical management, training
and education; and
(iv) employee participation;
(B) an evaluation of such matters as job
processes, work-station design, rate of work,
and work methods, to identify risk factors that
cause or are likely to cause musculoskeletal dis-
orders;
(C) control measures to reduce stressors
and musculoskeletal disorders, including engi-
neering controls, new equipment, and work-or-
ganization controls;
(D) an effective medical-management pro-
gram for musculoskeletal disorders, including
requirements for qualified health-care providers,
health surveillance, and appropriate diagnosis,
treatment, and follow-up; and
(E) the training and education of employ-
ees who are exposed to ergonomic hazards, par-
ticularly with respect to risk factors and control
measures, and the Postal Service’s medical-
management program as it relates to such haz-
ards.
(d) SMOKE AND FIRE WARNING DEVICES FOR THE
DEAF OR HEARING IMPAIRED.—
(1) IN
GENERAL.—The Postal Service shall
take such measures as may be necessary to ensure
that, in order to protect the safety of the deaf or
hearing impaired from the hazards of smoke or fire,
warning devices satisfying the photometric, decibel-
level, and other applicable requirements under para-
graph (2) are present in all appropriate postal facili-
ties (as determined under paragraph (2)(B)).
(2) REGULATIONS.—The Postal Service shall
prescribe regulations to carry out the purposes of
this subsection. The regulations—
(A) shall be sufficient to ensure at least
the minimum level of safety provided by the
then current national consensus standards
(within the meaning of section 3(9) of the Oc-
cupational Safety and Health Act of 1970)
dealing with smoke and fire warning devices for
the deaf or hearing impaired, as identified by
the Postal Service in consultation with the Sec-
retary of Labor; and
(B) shall include criteria for identifying
which types of postal facilities shall be subject
to particular requirements under this para-
graph.
(3) REPORTS.—The Postal Service shall submit
a written report to the Committee on Post Office
and Civil Service of the House of Representatives
and the Committee on Governmental Affairs of the
Senate, not later than 2 years after the date of en-
actment of this Act, on the implementation of this
subsection.
(e) PROTECTIVE MEASURES RELATING TO THE IM-
PLEMENTATION OF ANY MAJOR NEW MECHANIZATION,
EQUIPMENT OR TECHNOLOGY.—
(1) IDENTIFICATION
OF
ERGONOMIC
HAZ-
ARDS.—A joint labor-management postal safety com-
mittee may enter into contracts, agreements, or
other arrangements with NIOSH in order to iden-
tify, through appropriate research or experiments,
any ergonomic hazards or other safety or health haz-
ards which might be associated with any major new
mechanization, equipment, or technology being im-
plemented, or proposed to be implemented, by the
Postal Service.
(2) ACCESS TO PLANS.—To the extent prac-
ticable, before awarding any contract for the acquisi-
tion, installation, or implementation of any major
new mechanization, equipment, or technology, the
Postal Service shall notify the joint labor-manage-
ment postal safety committee of its intentions, in
order that such committee may—
(A) review the design plans for such mech-
anization, equipment, or technology (as the case
may be) to evaluate the likely impact on the
safety and health of postal employees; and
(B) submit written comments relating to
any safety or health hazards which might re-
sult, as well as suggestions on ways to mitigate
or eliminate such hazards.
(f) PROTECTION
OF EMPLOYEES REFUSING TO
WORK DUE TO UNSAFE CONDITIONS.—It is the sense of
Congress that the Postal Service should not discharge or
in any manner discriminate against an employee for refus-
ing to perform the employee’s duties if—
(1) the employee believes that performing such
duties would result in serious injury to the employee
or other employees;
(2) the circumstances giving rise to that belief
are such that a reasonable person in those same cir-
cumstances would draw the same conclusion; and
(3) the employee has previously sought to have
the Postal Service correct the conditions involved.
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