APWU Web News Article 025-2013, March 8 , 2013

The Occupational Safety and Health Administration (OSHA) issued a citation to the Postal Service for unsafe working conditions at its Scarborough ME facility and fined the agency $27,500 on Feb. 1.

The Postal Service failed to mark aisles in work areas where mechanical handling equipment such as forklifts and tow-motors routinely travel, in violation of OSHA Standard 29 CPR 1910.176(a), OSHA charged.  The Postal Service has appealed, and the APWU has requested “party status” to participate in the appeal process.

OSHA classified the violation as a “repeat” offense because “final orders” for the same unsafe practice were previously issued at two other workplaces – on April 11, 2010, in Littleton MA, and on Sept. 21, 2009, in Cleveland.  The final orders serve as evidence the Postal Service was aware of the hazard, OSHA said. The repeat citation in Scarborough charges that the USPS failed to correct the known hazard in all its facilities.

Michigan

OSHA also issued the USPS a repeat citation on Nov. 15, 2012, and fined the agency $25,000 for safety violations at its Romulus MI facility. Electric tow motors were modified without prior written approval by the manufacturer, OSHA said, exposing employees to the potential to be struck by, crushed or caught in the modified tow.

Modification of the equipment violates OSHA Standard 29 CFR 1910.178(a)(4), OSHA said. According to OSHA, the modified latches fail to provide a secure connection between the tow-motors and the container. Under these conditions containers weighing hundreds of pounds could become unlatched and roll uncontrollably on the workroom floor.

The Postal Service has appealed the citation and fine, and the APWU has requested party status to participate in the proceedings.

OSHA issued a prior final order for the same unsafe condition on Dec. 21, 2010, in Pittsburgh.

OSHA, the Occupational Safety and Health Administration, has issued citations and fines of $16,500 against the USPS for safety violations at the Charlotte NC postal facility.

The citations, which were related to work on grinding machinery, were classified as “repeat” violations because the USPS was previously cited for the unsafe practice at a workplace in Raleigh NC. An employer may be penalized for repeated violations if it has been cited within the last five years for the same or similar hazard.

The Postal Service has 15 working days from receipt of the Jan. 24 citations to appeal OSHA’s ruling at an Informal Conference.

The APWU has notified OSHA that the union wishes to be present at the conference if the Postal Service requests one.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the USPS for safety violations at its Providence, RI operation including three violations concerning the organization’s failure to protect employees from multiple potential hazards from using powered industrial trucks. OSHA also admonished the USPS for two safety violations that were not specifically covered under OSHA regulations. The penalties proposed in the citations total $6,630.

According to OSHA’s informal settlement agreement, the USPS failed to meet OSHA standards when it did not ensure that warning and danger labels were legible on powered industrial trucks. Powered industrial trucks were also left unattended whereby the load engaging means were not fully loaded, controls were not neutralized, power was not shut off, and brakes were not set. Also, forklift operators did not have the load and load engaging means tilted back while traveling.

OSHA also discovered that the Automated Package Processing System (APPS) is currently configured in a way that employees could extend an arm or leg into the hazard zone without triggering a shutdown of the system. Additionally, OSHA observed that the various mail-handling carts used at the facility had defective components.

Since no specific OSHA standards applied to the hazards related to the APPS and mail-handling carts, no citation was issued. OSHA suggested the USPS install additional sensors to the pallet unloader subsystem and/or install an interlocked gate at the loading station to address the APPS safety hazard. OSHA stated that USPS should conduct inspections on all component parts of mail-handling carts when they arrive at the facility; conduct refresher training to mail handlers; and establish and implement a method to track and notify sending facilities of requirement to remove damaged carts from service.

The Postal Service intends to challenge OSHA’s decision regarding the APPS violation. The APWU national office encourages locals to share OSHA’s recommendations with sites in their regions that have an APPS machine.

INDEPENDENCE, Mo. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service Truman Station in Independence, Mo., with a willful violation for failing to protect employees working in excessive heat. OSHA initiated an inspection in July after a mail carrier developed heat-related illness symptoms, collapsed while working his route and was taken to the hospital where he died as a result of his exposure to excessive heat.

“This tragedy underscores the need for employers to take proactive steps to keep workers safe in extreme heat,” said Charles Adkins, OSHA’s regional administrator in Kansas City. “If this employer had trained workers in recognizing the symptoms of heat stroke, and taken precautions to ensure workers had access to water, rest and shade, this unfortunate incident may have been avoided.”

The willful violation addresses the hazard of multiple employees who were required to work during periods when excessive heat advisories and warnings were issued by the National Weather Service. The employer did not have procedures in place to address worker concerns during times of excessive heat. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.

Information and resources for workers and employers on heat illness, including how to prevent it and what to do in case of an emergency, are available in English and Spanish at http://www.osha.gov/SLTC/heatillness/index.html. Materials include a training curriculum. OSHA also has a free application for mobile devices that enables workers and supervisors to monitor the heat index at their work sites, which can be downloaded in English or Spanish at http://s.dol.gov/RI. The application displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level.

Penalties of $70,000 have been proposed. The Postal Service has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director in Kansas City, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742), or the agency’s Kansas City office at 816-483-9531.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

TUCSON, Ariz. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited a U.S. Postal Service processing and distribution center in Tucson for one willful safety violation for the improper operation of a powered industrial truck. The proposed penalty is $70,000.

OSHA’s investigation of the facility, located at 1501 S. Cherrybell Stravenue, was prompted by a complaint that an untrained, uncertified supervisor had operated a powered industrial truck during an evening shift. The truck, which is used to move large quantities of mail, requires training and certification to operate. When two of three certified truck operators did not report for their shift, a supervisor without training or certification operated the truck, exposing workers to potential injuries. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.

“Training and certification for powered trucks is required to prevent injuries and save lives, and it should be a top safety priority for all USPS facilities,” said Zachary Barnett, director of OSHA’s Phoenix Area Office.

Violations of OSHA’s powered industrial truck standard are among the top five types of violations most commonly cited by OSHA in fiscal year 2012.

The U.S. Postal Service has 15 business days from receipt of its citation and penalty to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Phoenix office at 602-514-7250.

The Occupational Safety and Health Administration (OSHA) and the APWU are investigating the death of APWU member Steny Wing Hoi Yu, who died July 27 from injuries sustained in work-related accident at the Detroit NDC on July 23.

Although the investigation of the accident is still underway, reports indicate that Yu’s injuries were the result of falling approximately 10 feet from a “fixed” ladder. Yu is reported to have been carrying a fire extinguisher up the ladder in an attempt to fight a fire.

The Detroit Metro Area Local is working closely with OSHA and the APWU to assist in the investigation.

“We are deeply saddened by this tragic accident,” said APWU President Cliff Guffey. “We extend our deepest sympathies to Steny Wing Hoi Yu’s family and co-workers.”

Yu is survived by his wife, Syndia and two daughters, Yvonne and Angela.

KNOXVILLE, Tenn. – The U.S. Department of Labor has entered into a settlement agreement with Knoxville-based Heartland Transportation Inc., a contract mail carrier for the U.S. Postal Service, to resolve findings by the department’s Occupational Safety and Health Administration alleging that an employee was terminated for complaining about defective vehicles, in violation of the Surface Transportation Assistance Act.

“OSHA will continue to ensure that the whistleblower protection provisions of the STAA are properly and thoroughly enforced, while always keeping open the opportunity for settlement negotiations,” said Cindy A. Coe, OSHA’s regional administrator in Atlanta. “In this case, we are pleased to enter into a settlement agreement that solidifies this commitment.”

In August 2009, the employee was assigned to deliver a truckload of U.S. mail to a customer in Pontiac, Mich., when he found that his assigned trailer had a nonworking light. After he complained, the light was repaired and the delivery made. The employee had complained about such mechanical failures on a number of previous occasions, but the problems recurred. Accordingly, he informed his employer that he would not drive trucks with such failures in the future. Upon returning to the company’s facility from Michigan, the driver found that his name had been removed from the driving schedule. He inquired about this development and was informed during a meeting to discuss the issue that his employment had been terminated. The employee then submitted a whistleblower complaint to OSHA, which conducted an investigation.

According to the settlement agreement, the company will pay the complainant $31,200, including $9,895 in back wages. Additionally, the company agreed to purge any personnel records regarding the involuntary discharge of the employee and provide a neutral reference to any prospective employers. The company also agreed to post a notice informing all employees of their right to raise safety concerns or conduct any other protected activity under the STAA without suffering retaliation.

OSHA enforces the whistleblower provisions of the STAA and 20 other statutes protecting employees who report violations of various airline, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws. Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. More information is available online at http://www.whistleblowers.gov.

The Occupational Safety and Health Administration (OSHA) uncovered risk factors for feeder and sweeper tasks associated with Delivery Bar Code Sorters during an inspection at the Kalamazoo, Michigan Processing and Distribution Center on Feb. 2, the union has learned.

The ergonomic risk factors were not violations of OSHA’s standards, according to a letter [PDF] from OSHA’ Lansing Area Office, but they were “considered significant enough to be brought to the employer’s attention with the intent of encouraging efforts by the employer to reduce exposure or to eliminate them completely.”

Based on the review, OSHA has resent a copy of the Ergonomic Evaluation of the DBCS to the manager at the Kalamazoo P&DC. OSHA’s report identifies the ergonomic risk factors for Feeder and Sweeper tasks on DBCS operations. To prevent musculoskeletal disorders, OSHA strongly suggested that the Kalamazoo P&DC work with USPS to eliminate the ergonomic risk factors identified in the Feeder and Sweeper tasks.

The APWU has submitted OSHA’s findings to the National Joint Labor Management Safety and Health Committee and we will pursue ways to reduce employee exposure to unsafe ergonomic work tasks on the DBCS machines.

From the American Postal Workers Union:

Reporting work-related injuries and illnesses is “a core employee right,” the Occupational Safety and Health Administration (OSHA) has pointed out, “and retaliating against a worker for reporting an injury or illness is illegal discrimination.”

In a March 12 memo, OSHA noted, “If employees do not feel free to report injuries or illnesses, the employer’s entire workforce is put at risk,” the memo points out. “Employers do not learn of and correct dangerous conditions that have resulted in injuries, and injured employees may not receive the proper medical attention, or the workers’ compensation benefits to which they are entitled. Ensuring that employees can report injuries or illnesses without fear of retaliation are therefore crucial to protecting worker safety and health.”

The memo advises OSHA regional administrators and whistleblower program managers to be aware of four potentially discriminating policies employers may have regarding an employee who reports an on-the-job injury:

• Taking disciplinary action regardless of the circumstances of the injury;
• Disciplining an employee for violating an employer rule about the time or manner for reporting injuries and illnesses;
• Disciplining an employee for an injury that resulted from the employee violating a safety rule, and
• Offering incentives to not report injuries; for example, offering prizes to employees who were not injured in the previous year.

OSHA also said that the practice of linking management and supervisor bonuses to lower accident reporting could be potentially discriminatory. “Such policies could discourage reporting of injuries and could be considered unlawful discrimination,” the memo stated.

Retaliation against an employee for reporting an occupational injury is a violation of Section 11(c) of the Occupational Safety and Health Act.

To see the memo in its entirety, visit www.osha.gov/as/opa/whistleblowermemo.html.

Department of Labor Sues USPS for Whistleblower Violations

The threat of retaliation is real concern for postal employees who report injuries or who assist injured employees in exercising their rights.

On Feb. 27, the U.S. Department of Labor sued the U.S. Postal Service alleging the Postal Service engaged in discrimination and retaliation against a safety specialist who provided information to an employee wishing to file a safety complaint with the Occupational Safety and Health Administration.

OSHA’s investigation determined that the Postal Service followed a pattern of adverse actions against the safety specialist, who was assigned to the Seattle Processing and Distribution Center after learning that he had assisted an employee in exercising her rights under the Occupational Safety and Health Act.

That employee later filed a formal complaint with OSHA alleging unhealthful conditions at the facility. The specialist subsequently suffered a series of reprimands, was restricted from contact with staff at the facility, and was transferred to an office without the necessary equipment to perform his job.

The investigation also found that the USPA reassigned many of the specialist’s duties to an individual with a lower pay grade and did not select him for a promotion because of his interactions with OSHA despite acknowledging him as qualified for the position.

The DOL is asking the court to remedy the situation by ordering a permanent injunction against the Postal Service to prevent future violations of the law. The suit also asks for appropriate relief to the safety specialist, including the payment of lost wages and benefits, plus compensatory damages for emotional distress.

Click here for more information on the suit.

KNOXVILLE, Tenn. – The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Knoxville-based Heartland Transportation Inc. to reinstate a former employee and pay the individual $62,090 in compensatory and punitive damages plus more than two years of back wages, interest, benefits and reasonable attorney’s fees. The order follows OSHA’s determination that the company violated the employee’s rights under the whistleblower provisions of the Surface Transportation Assistance Act by terminating the employee for complaining about defective vehicles.

“Putting defective trucks on American roads endangers the company’s drivers and all other motor vehicle operators who share the road with a truck that is improperly maintained. Drivers have a right to complain without fear of retaliation when they are asked to operate an unsafe vehicle,” said Teresa A. Harrison, OSHA’s acting regional administrator in Atlanta.

Heartland Transportation is a contract mail carrier for the U.S. Postal Service. In August 2009, the employee was assigned to deliver a truckload of U.S. mail to a customer in Pontiac, Mich., when he found that his assigned trailer had a nonworking light. After complaining, the light was repaired and the delivery made. The employee had complained about such mechanical failures on a number of previous occasions, but the problems recurred. Accordingly, he informed his employer that he would not drive trucks with such failures in the future. After returning to the company’s facility from Michigan, the driver found that his name had been removed from the driving schedule. He inquired about this development, and, during a meeting to discuss the issue, was informed that his employment was terminated. The employee then submitted a whistleblower complaint to OSHA.

The order issued by OSHA also requires the trucking company to expunge any adverse references from the complainant’s personnel records relating to the discharge, and to post a notice to employees and provide them a fact sheet with notification of their rights under the STAA.

OSHA enforces the whistleblower provisions of the Surface Transportation Assistance Act and 20 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws. Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. More information is available online at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Editor’s note: The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.