[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Senate]
[Pages S5434-S5436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI (for himself, Mr. Bingaman, Mr. Kennedy, Mr. 
        Jeffords, Mr. Hutchinson, Mr. Brownback, Mr. Thomas, and 
        Nickles):
  S. 2112. A bill 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; to the Committee on Labor and Human Resources.


                postal employees safety enhancement act

  Mr. ENZI. Mr. President, I rise to introduce the Postal Employees 
Safety Enhancement Act of 1998.
  Mr. President, this bipartisan legislation, cosponsored by my 
colleagues Senators Bingaman, Kennedy, Jeffords and Hutchinson would 
fully bring the United States Postal Service under the regulatory 
umbrella of the Occupational Safety and Health Administration. It has 
always been my unshakeable belief that the Government must play by its 
own rules. This important legislation is an incremental step in the 
effort to ensure that the ``law of the land'' applies equally to all 
branches of the Government as well as the private sector --and 
everything in-between.
  Since I became a member of this distinguished body, I've been 
advocating legislation geared to improve the safety and health of our 
nation's workplaces. My sincere devotion to this issue, however, goes 
back much farther than my work here in Washington. For 12 years, I was 
an accountant for Dunbar Well Service in Gillette, WY, an oil well 
servicing company with offices throughout Wyoming. Like most businesses 
in my home state, Dunbar Well Service is a small business. The payroll 
consisted of 130 employees. As a result, I wore several hats. One of my 
roles was safety instruction, which required me to travel the state 
teaching employees about the importance of workplace safety and health. 
The company's rigorous safety program even had me collecting samples 
for drug tests--an extremely effective method of deterring workplace 
injuries and fatalities, by the way.
  I saw things with OSHA that I thought needed to be changed. I served 
in the State legislature. I was told that States can't change that and 
I understand that. Then I got to come to Washington, and in Washington 
we can make a difference in the workplace. I went to work on a SAFE 
Act, one that will provide safety in all businesses. That has been 
through hearings. It has been through markups in the Labor Committee 
and is ready to be debated on this floor. I have had hands-on 
experience in the workplace with safety, and I know that workplace 
safety and health is everyone's business. And that's the only way it 
works. It is not a political issue, it is an issue that cannot be 
divided by a barrier that separates even the public and the private 
sector. It's everybody's concern, and that is the only way it works.
  We must ensure the safety and health of all employees because they 
are the most important asset of any business. It's success or failure 
rests with their ability to provide efficient care and service to their 
customers, whoever they may be. Although all Federal agencies must 
comply with the 1970 Occupational Safety and Health statute, they are 
not required to pay penalties issued to them by OSHA. The bill I am 
introducing today is the first step in the effort to eliminate this 
barrier.
  It is important to point out that this legislation is not intended to 
single out the Postal Service. My first look at how ineffective Federal 
agencies are at making workplace safety and health a priority began 
when I noted that Yellowstone National Park was cited by OSHA last 
February for 600 violations--92 of them serious. One of those serious 
violations was the Park's failure to report an employee's death to 
OSHA. In fact, Yellowstone has posted five employee deaths in the past 
three and one-half years. Although there are these and other serious 
problems noted in the Park's safety and health record, I later found 
that it pales in comparison to the United States Postal Service's 
record.
  After looking at the past 5 year totals for all Federal workplace 
injuries, illnesses, lost work time and fatalities, I was shocked to 
see the Postal Service at the very top of the list. It was my initial 
feeling that the armed forces would be the most hazardous occupation in 
the Federal Government. That notion was proven wrong. Surprisingly, the 
Postal Service employs relatively the same number of workers as the 
Department of Defense. Yet it has double the number of total workplace 
injuries and illnesses and almost double the number of lost work-time 
cases as the Department of Defense.

[[Page S5435]]

  What is most troubling about the Postal Service's safety record, 
however, is its annual workers' compensation payments. From 1992 to 
1997, the Postal Service paid an annual average of $505 million in 
workers' compensation costs--placing them once again at the top of the 
Federal Government's list. Moreover, the  Postal Service's annual 
contribution to workers' compensation amounts to almost one-third of 
the Federal program's $1.8 billion price tag. These facts are simply 
inexcusable and clearly justify the need for legislation. Better yet, 
this legislation would likely decrease the annual expenditures for 
workers' compensation because of a reduction in workplace injuries, 
illnesses, lost time and fatalities.

  In 1970, Congress passed the Postal Reorganization Act, eliminating 
the old Postal Department status as a cabinet office. Twelve years 
later, the Postal Service became fiscally self-sufficient--depending on 
market-driven revenues rather than taxpayer dollars.
  Of course the Postal Service is big. The Postal Service is 43 percent 
of the world's mail. It has annual profits that exceed $1.5 billion. If 
the Postal Service were a private company, it would be the 9th largest 
business in the United States and 29th in the entire world. It is 
bigger than Coca-Cola, Xerox, and Kodak combined. It has offices in 
virtually every community. In fact, some of the communities in my State 
are communities because they are a post office. So it covers the big 
and it covers the small.
  When I did the SAFE Act I talked to my colleagues on both sides of 
the aisle. I talked to any group that would talk to me. I talked to 
businesses, I talked to employers, I talked to employees, I talked to 
unions, and then drafted a bill. That bill is going through the 
process.
  When I noticed this problem, I went through the same process. I have 
met with those groups--agencies, unions that are involved in this 
process--and I have to say, I have gotten some very helpful, 
constructive suggestions from those groups. Those suggestions appear in 
the bill.
  I have talked to the Postal Service about it. They have reviewed it. 
They have asked for additional time to review it. The bill is only five 
pages long. I don't know how long it takes to review that, so I can 
only assume that they have no problem with the bill either, although I 
am sure they are not excited to come under the same rules that everyone 
else plays under.
  The point of this legislation is simple. If government makes the 
rules, Government must play by them. this is the same basic premise 
adopted by Congress when it passed the Congressional Accountability Act 
during the 104th Congress. The Postal Service is not above the law and 
its employees are no less important to its daily operations than the 
employees of private businesses are to the companies that employ them. 
When advocating workplace safety and health in this context, I can 
think of no better place to start than the Postal Service--which calls 
itself a Federal agency when it is helpful to refer to itself as such. 
In fact, it's not a Federal agency at all. It's a self-sufficient, 
quasi-governmental entity. How many Federal agency's employees can 
collectively bargain under the 1935 National Labor Relations Act? How 
many Federal agencies don't receive one dime of the taxpayers' money? 
How many Federal agencies post annual profits exceeding $1.5 billion? 
The Postal Service exhibits almost every characteristic of a private 
business. Still, it's reluctant to fully comply with Federal 
occupational safety and health law. Clearly, that must change.

  After carefully examining the perspectives of the Postal Service and 
the unions representing its employees, I have concluded that the Postal 
Employees Safety Enhancement Act is necessary legislation. The bill 
would permit OSHA to fully regulate the Postal Service the same way it 
does private businesses. In addition, the bill would prevent the Post 
Office from closing or consolidating rural post offices or services 
simply because it's required to comply with OSHA. Service to all areas 
of the Nation, rural or urban, was made a part of the Postal Service's 
mission by the 1970 Postal Reorganization Act. The quality of the 
service it provides should not decrease because of efforts to protect 
and ensure employee safety and health. Along this same premise, the 
bill would prevent the Postal Rate Commission from raising the price of 
stamps to help the Postal Service pay for potential OSHA fines. Rather, 
the Postal Service should offset the potential for OSHA fines by 
improving workplace conditions which would decrease its annual $500 
million expenditure on workers' compensation claims.
  This bipartisan bill will make the law of the land mean what it says. 
Congress would only be applying those standards to the Postal Service 
that it applied to itself three years ago. The Postal Service has the 
most alarming occupational safety and health record in the Federal 
Government. It should therefore be the first to be reined in.
  Every schoolchild is familiar with the words on the New York Post 
Office that became the motto of the Postal Service, ``Neither snow, nor 
rain, nor heat, nor gloom of night stays these couriers from the swift 
completion of their appointed rounds.'' Add to that the million and one 
barriers, complaints, dogs, assaults and other obstacles our postal 
workers must deal with every day and it is clear that they have more 
than enough to deal with without having to worry about the conditions 
of their workplace as well.
  I urge my colleagues to support this necessary, common sense 
legislation to show our support for workplace safety and health 
everywhere throughout the country, in every business and corporation, 
in both private and the public sector.
  I ask unanimous consent the text of the bill be printed in the 
Record.
  There being no objection the bill was ordered printed in the Record, 
as follows:

                                S. 2112

       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:

[[Page S5436]]

       ``(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.''.

  Mr. BINGAMAN. Mr. President, I am pleased to join with my friend and 
colleague from Wyoming, Senator Enzi, in introducing the Postal 
Employees Safety Enhancement Act of 1998.
  I want to begin by commending the distinguished Senator from Wyoming 
for bringing this issue before the Senate. As my colleagues know, in 
the short time he has been in the Senate, Senator Enzi has become one 
of the leading experts on the Occupational Health and Safety Act of 
1970. I have found him to be extremely willing to listen to all sides 
of what are complex issues, to work in a bipartisan manner and to 
engage all interested parties in a constructive dialogue on OSHA 
related issues. I also commend him for recognizing the need which this 
legislation will address and for working with all interested parties 
over the past few weeks to draft a bill that will address that need.
  Mr. President, the bill we are introducing today is really rather 
simple. It will make the Occupational Health and Safety Act applicable 
to the United States Postal Service as it would be to any other private 
sector employer. The reasons for doing this, and the need to do so, are 
very obvious to anyone who looks at this issue. A comparison of all of 
the worker's compensation costs charged to federal employing agencies 
from July 1, 1993 to July 30, 1994 showed the Postal Service had a 
significantly higher rate of employment based injury claims than any 
federal agency. There are numerous reports of safety and health 
problems that have gone unaddressed by the P.O., some of which have 
been laid out by Senator Enzi this morning. Unfortunately, unlike every 
other private sector employee in America, Postal Service workers do not 
have the benefit, or the protections of the OSHA Act. While the Postal 
Service has some internal mechanisms for addressing employee injuries 
most would find these to be inadequate to protect employees and to help 
the Postal Service provide a safer workplace. This legislation should 
be welcomed by all who care about worker safety and health and I 
believe the Postal Service does care.
  As my colleagues know, the Postal Service is one of the largest U.S. 
employers. Over the past several years it has gone through a series of 
reorganizations and restructuring to improve the quality of the service 
it provides. I commend the Postal Service for many of these initiatives 
and appreciate the service it provides to the people of my state. Like 
Senator Enzi, I do not mean to single out the Postal Service with this 
legislation. However, because the Postal Service operates in essence 
like any other private business, I think it is appropriate to expect 
that it complies with the same safety and health standards as other 
businesses. Likewise I think Postal workers deserve the same 
protections afforded all other private sector workers, under the Act.
  Mr. President, I hope the Senate will work quickly to adopt this 
legislation this year. I see no reason why this bill should not pass 
quickly and overwhelmingly.
  Again Mr. President, I commend Senator Enzi for bringing this 
important worker safety measure before the Senate and look forward to 
working with him to ensure its swift passage.
  Mr. KENNEDY. Mr. President, I am proud to join my colleagues, Senator 
Enzi, Senator Jeffords, and Senator Bingaman, in introducing the Postal 
Employees Safety Enhancement Act. This important legislation will 
extend coverage of the Occupational Safety and Health Act to employees 
of the United States Postal Service.
  Few issues are more important to working families than health and 
safety on the job. For the past 28 years, OSHA has performed a critical 
role--protecting American workers from on-the-job injuries and 
illnesses.
  In carrying out this mission, OSHA has made an extraordinary 
difference in people's lives. Death rates from on-the-job accidents 
have dropped by over 60% since 1970--much faster than before the law 
was enacted. More than 140,000 lives have been saved.
  Occupational illnesses and injuries have dropped by one-third since 
OSHA's enactment--to a record low rate of 7.4 per 100 workers in 1996.
  These numbers are still unacceptably high, but they demonstrate that 
OSHA is a success by any reasonable measure.
  Even more lives have been saved in the two places where OSHA has 
concentrated its efforts. Death rates have fallen by 61% in 
construction and 67% in manufacturing. Injury rates have dropped by 
half in construction, and nearly one-third in manufacturing. Clearly, 
OSHA works best where it works hardest.
  Unfortunately, these efforts do not apply to federal agencies. The 
original OSHA statute required only that federal agencies provide 
``safe and healthful places and conditions of employment'' to their 
employees. Specific OSHA safety and health rules did not apply.
  In 1980, President Carter issued an Executive Order that solved this 
problem in part. It directed federal agencies to comply with all OSHA 
safety standards, and it authorized OSHA to inspect workplaces and 
issue citations for violations.
  President Carter's action was an important step, but more needs to be 
done. When OSHA inspects a federal workplace and finds a safety 
violation, OSHA can direct the agency to eliminate the hazard. But OSHA 
has no authority to seek enforcement of its order in court, and it 
cannot assess a financial penalty on the agency to obtain compliance.
  The situation is especially serious in the Postal Service. Postal 
employees suffer one of the highest injury rates in the federal 
government. In 1996 alone, 78,761 postal employees were injured on the 
job--more than nine injuries and illnesses for every hundred workers. 
This rate is 23% higher than the overall private sector rate, and 40% 
higher than the overall federal rate. Fourteen postal employees were 
killed on the job in 1996--one-sixth of the federal total. Workers' 
compensation charges at the Postal Service are also high--$538 million 
in 1997.
  This legislation will bring down these unacceptably high rates. It 
permits OSHA to issue citations for safety hazards, and back them up 
with penalties. This credible enforcement threat will encourage the 
Postal Service to comply with the law. It will save taxpayer dollars 
currently spent on worker's compensation costs.
  Most important, it will reduce the extraordinarily high rate of 
injuries among postal employees. Every worker deserves a safe and 
healthy place to work, and this bill will help achieve that goal for 
the 860,000 employees of the Postal Service. They deserve it, and I 
urge my colleagues to provide it.
                                 ______