[105th Congress Public Law 241]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ241.105]


[[Page 112 STAT. 1572]]

Public Law 105-241
105th Congress

                                 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. <<NOTE: Sept. 28, 1998 -  [S. 2112]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Postal Employees 
Safety Enhancement Act.>> 

SECTION 1. SHORT TITLE. <<NOTE: 39 USC 101 note.>> 

    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

[[Page 112 STAT. 1573]]

                    ``(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:

``Sec. 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.''.

    Approved September 28, 1998.

LEGISLATIVE HISTORY--S. 2112:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
            July 31, considered and passed Senate.
            Sept. 14, considered and passed House.

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