[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2112 Enrolled Bill (ENR)]

        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
            ``(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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.