Postal Employees Safety Enhancement Act
PL 105-241 (S.2112), enacted 09/28/1998

112 STAT. 1572 
PUBLIC LAW 105-241—SEPT. 28, 1998 
Public Law 105-241 
105th Congress 
An Act 
Sept. 28, 1998 
To make the Occupational Safety and Health Act of 1970 applicable to the United 
[S. 2112] 
States Postal Service in the same manner as any other employer. 
Be it enacted by the Senate and House of Representatives 
of 
Postal Employees the United States of America in Congress assembled, 
Safety 
Enhancement 
SECTION 1. SHORT TITLE. 
Act. 
39 use 101 note. 
This Act may be cited as the "Postal Employees Safety Enhance-
ment Act". 
SEC. 2. APPUCATION 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(aX2) of title 
5, United States Code, is amended by inserting after "Govern-
ment 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(bX2) 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 ofRce— 
"(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 consoHdation is consistent 
with the policy of the Grovemment, as stated in section 
101(b) of this title, that the Postal Service shsdl 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 result-
ing from such closing or consoUdation; and 
PUBLIC LAW 105-241-5EFr. 28, 1998 
112 STAT. 1573 
"(v) such otiier factors as the Postal Service determines 
£ure 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 foUowing: 
^§415. Prohibition on restriction or elimination of services 
'The Postal Service may not restrict, eliminate, or adversely 
affect any service provided by the Posted Service as a result of 
the payment of any penalty imposed imder 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 tlie Occupational Safety 
and Health Act of 1970 (29 U.S.C. 651 et seq.) shall not be consid-
ered by the Commission in determining whether to increase rates 
and shall not otherwise affect the service of the Postal Service.". 
Approved September 28, 1998. 
LEGISLATIVE HISTORY—S. 2112: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 31, considered and passed Senate. 
Sept. 14, considered and passed House.