Department of Labor Safety Complaint Underscores Widespread, Systemic Violations

The Department of Labor filed a complaint against the Postal Service on July 6 for ongoing and systemic violations of safe electrical work practices, marking the first time the department has sought an “enterprise-wide” remedy.

“When the same safety violation is discovered in multiple locations of an organization, we need an enterprise-wide remedy to protect workers from the hazard,” Solicitor of Labor M. Patricia Smith said.

The request for enterprise-wide reliefis based upon the discovery of numerous, similar electrical work safety violations in the course of investigations conducted by the department’s Occupational Safety and Health Administration of USPS mail processing and distribution facilities across the country,” an OSHA press release said.

“There was a substantial probability that death or serious physical harm could result from the conditions that existed,” the complaint asserted, and USPS knew of the violations, or with the exercise of reasonable diligence, could have known of them.

APWU Director of Industrial Relations Greg Bell said, “We are pleased that the Department of Labor has recognized the serious and widespread nature of the Postal Service’s failure to adhere to electrical safety standards. We will continue to monitor the progress in addressing this issue.”

“The union made many attempts over many years to persuade postal management to correct these deficiencies,” Bell noted. “The USPS stubbornly refused to address the problems. As a result, we advised locals to file formal complaints with OSHA.”

The Department of Labor complaint asks the Occupational Safety and Health Review Commission to order the USPS to correct the violations; uphold fines and penalties; conduct training on safe electrical work practices; provide personal protective equipment to affected employees, and withdraw flawed management orders and instructions regarding safe electrical work practices.

“For many years USPS has known of its enterprise-wide failure to comply with OSHA’s electrical safety-related work practices standards,” the complaint says. “Between 2004 and late 2009, USPS failed to institute necessary protective measures for its employees, even though it was aware of ongoing electrical safety problems.” OSHA issued new electrical safety standards in 2004.

The USPS prepared a Management Maintenance Order (MMO) and Management Instruction (MI) regarding safe electrical work practices in 2004, but did not release or implement the MI until Dec. 24, 2009, and did not release or implement the MMO until Feb. 1, 2010.

In the interim the APWU pointed out deficiencies in the policies and procedures outlined in the documents, and urged the Postal Service to correct them. Instead, on March 6, 2006, the USPS issued a memorandum informing managers that it was working to revise its policies. The memo failed to provide information on interim protective measures and instructed managers not to “expend funds on any NFPA [National Fire Protection Association] 70E training or consulting activities.”

The MMO and MI “fail in significant respects to ensure compliance with the requirements of the electrical safety-related work practices standards,” the complaint notes.

Beginning in October 2009, OSHA undertook several dozen inspections — some of which are ongoing — at USPS facilities across the country, and has issued fines and citations at 15 locations.

The Postal Service has 20 business days to answer the complaint.

Recent OSHA Fines

OSHA Fines USPS for Safety Violations at Southern MD Facility
(07/07/10) The Occupational Safety and Health Administration (OSHA) cited the USPS for nine "willful and serious" safety violations at the Southern MD Processing and Distribution Center, and ordered the Postal Service to pay $272,000 in fines.

OSHA Fines USPS for
More Safety Violations 
(06/29/10) Adding to the growing number of safety citations issued to the Postal Service in recent weeks, the Occupational Safety and Health Administration (OSHA) fined the USPS $210,000 for exposing employees to electrical hazards at the Minneapolis/St. Paul (MN) Network Distribution Center (NDC).

USPS Cited for Safety Violations
At Southern Maine P&DC 
(06/29/10) The Occupational Safety and Health Administration (OSHA) cited the USPS for “willful and repeat” safety violations at the Southern Maine Processing and Distribution Center (P&DC) in Scarborough for exposing postal employees to electrical hazards. The OSHA citations issued at the Scarborough facility total $430,000. OSHA inspectors issued the Postal Service six “willful” citations after finding employees working with or near live equipment without adequate training or protective equipment, exposing them to electric shock.

USPS Cited for Violations in Portland, OR 
(06/28/10) The Occupational Safety and Health Administration (OSHA) cited the USPS for “willful and serious” safety violations at the Portland, OR Processing and Distribution Center (P&DC) for exposing employees to electrical hazards. The OSHA citations issued at the Portland facility total $77,000. Postal employees were performing tests on live equipment without adequate protective gear, and were exposed to electrocution from energized machinery.

OSHA Cites USPS for 
Violations in Baton Rouge 
(06/16/10) The Occupational Safety and Health Administration (OSHA) cited the USPS for safety violations at the Baton Rouge, LA Processing and Distribution Center (P&DC) for exposing employees to electrical hazards.

USPS Charged with Seven Violations in Pittsburgh 
(06/10/10) The Occupational Safety and Health Administration (OSHA) issued the USPS its sixth set of workplace safety citations on June 8, charging the Postal Service with seven “willful” and “serious” violations related to electrical hazards at the Pittsburgh, PA mail processing facility.

USPS Cited for Safety Violations in Philadelphia
Citations Issued at Five Locations since April 29
(06/05/10) The Occupational Health and Safety Administration (OSHA) issued the USPS its fifth set of safety citations on June 3, charging the Postal Service with six counts of “willful” and “serious” violations at the Philadelphia P&DC.

USPS Cited for Fourth Set of Safety Violations 
Fines Now Exceed $1 Million 
(06/04/10) The Occupational Safety and Health Administration (OSHA) charged the Postal Service with five “willful” safety violations at the Philadelphia Bulk Mail Center on June 3, and fined the USPS $210,000. The latest citations bring the Postal Service’s total OSHA fines to more than $1 million.

USPS Cited for Third Set of Safety Violations in One Week
Fines Now Total Nearly One Million Dollars
(05/11/10) Issuing its third set of citations in less than a week, the Occupational Safety and Health Administration (OSHA) charged the USPS with five counts of "willful" safety violations in Bedford Park, IL on May 5.

OSHA Cites USPS for Safety Violations in Denver
Findings Occur Just Days After Citations Issued in Providence 
(05/05/10) Five days after the Occupational Safety and Health Administration (OSHA) issued citations and fines of more than a half-million dollars to the Postal Service for safety hazards in Providence, RI, the agency charged the USPS in Denver, CO with similar violations.

OSHA Cites USPS for ‘Willful’ Safety Violations
Says Agency Knowingly Endangered Employees
(05/03/10) The Occupational Safety and Health Administration (OSHA) has charged the USPS in Providence, RI, with 12 willful and serious safety violations, and ordered it to pay fines of $558,000.