OWCP announces final rule updating procedures for Federal Workers’ Compensation Act claims
Filed under: Dept. of Labor, owcp, postal, postal news, press releases
Agency issues first major regulation updates since 1999
WASHINGTON — The U.S. Department of Labor’s Office of Workers’ Compensation Programs today released a final rule that revises and modernizes the procedures used in administering claims under the Federal Employees’ Compensation Act. The rule, published in the June 28 Federal Register, modernizes those procedures to increase fairness and efficiency, updates the regulations to account for recent statutory changes and incorporates advances in technology that preserve administrative resources. Read more
OSHA Increases Enforcement Against Serious Safety and Health Violators
Filed under: Dept. of Labor, osha, postal, postal news, press releases, usps
From October 2009 to September 2010, OSHA issued citations in 164 significant cases where penalties reached $100,000 or more. OSHA found conditions warranting use of its egregious citation policy in 20 of these inspections. In a so-called egregious case, an employer is cited on a per-instance basis under the same standard rather than grouping similar violations for penalty purposes. The result is a considerably higher penalty intended to serve as a deterrent. Egregious treatment is often used when an employer exhibits deliberately violative conduct or indifference to employee safety and health or the law. Many of these cases spring from inspections of tragic worker fatalities, worksite catastrophes (such as explosions or chemical releases) or worker injuries or illnesses. This number of significant and egregious cases is more than OSHA issued during any similar period in the last decade. Egregious cases during this period include the BP Products North America oil refinery in Texas City, Texas; the Kleen Energy power plant in Middletown, Conn.; and the Cooperative Plus grain handling facility in Burlington, Wis.
The increase in significant and egregious cases demonstrates OSHA’s commitment to aggressively enforcing its standards when employers show indifference to protecting the safety, health and lives of their workers. The increase results from better inspection targeting, more follow-up inspections and the addition of more compliance officers. In addition, inspectors are issuing a higher percentage of citations for violations that seriously endanger workers or show an employer’s willful disregard for their safety. Also, many referrals to other facilities within the same company lead to more significant cases, such as the serious electrical and other hazards found at many U.S. Postal Service facilities across the country.
In a complaint filed earlier this year, OSHA alleged that “USPS’s actions demonstrate an enterprise-wide policy that resulted in ongoing systemic electrical work safety violations. USPS failed to adequately train workers in recognizing electrical hazards and how to work safely around such hazards, and did not provide workers with the appropriate tools and personal protective equipment to avoid injury or death while working around and on electrical equipment.”
“Even though it was aware of the hazards, USPS failed to institute the necessary measures to protect its workers,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.
“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 assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.”
OSHA rolls out presidential initiative to improve federal worker safety
The Department of Labor held an event at its Washington, D.C., headquarters Oct. 13 to roll out President Barack Obama’s new initiative to protect federal workers from on-the-job injuries and illnesses. The Protecting Our Workers and Ensuring Reemployment Initiative follows two former government programs in place since the mid 1990s. The new government-wide POWER Initiative sets aggressive target goals to help ensure federal workers are provided with safe and healthful work environments, as well as the support they need after experiencing a serious work-related injury or illness.
source: OSHA via several news releases
New York Postal Worker Gets Two Months For OWCP Fraud
Filed under: Dept. of Labor, legal cases, owcp, postal, postal news, press releases, usdoj
Press Release from the United States Attorney Northern District of New York
September 10, 2010
Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today that JAMES IZYK, 49, of Oswego, New York was sentenced in federal court
today in Syracuse, N.Y. by U.S. District Court Judge Norman A. Mordue, to two months incarceration in connection with two felony convictions for defrauding the U.S. Postal Service, U.S. Department of Labor, and the Social Security Administration. Following his release from prison, IZYK was ordered to be placed on three years supervised release which will include 4 months of home confinement; pay restitution of $13,752 to the Social Security Administration and $20,132 to the United States Postal Service; and a pay a $200 special assessment.
On May 7, 2010, IZYK, a former Sales and Service Associate with the U.S. Post Office in Oswego, New York, pled guilty to violating 18 U.S.C. § 1920, admitting that he falsely represented that a work-related injury prevented him from performing any type of duties with the U.S. Postal Service. IZYK was capable of working, and knew he was under an obligation to report his true medical condition to the U.S. Postal Service. Based upon his false representations, IZYK received $33,884 in federal workers compensation and Social Security disability workers’ compensation benefits.
IZYK also pled guilty to a violation of 18 U.S.C. § 1001, admitting that he falsely completed a written Social Security Administration Functional Capacity Evaluation and Continuing Disability Review Report, in connection with his receipt of Social Security Disability Benefits for his work-related disability. IZYK reported that since June 30, 2006, there had been no change in his physical condition and that his physical condition prevented him from, among other things: working, lifting objects over three pounds, doing yard work, and tying his shoes. Based upon those representations, IZYK remained eligible for disability benefits from the Social Security Administration. During the investigation federal agents observed and video-recorded IZYK landscaping his lawn, pushing a wheelbarrow weighing in excess of 225 pounds, building a flagstone retaining wall, lifting a lawn mower, and carrying objects weighing over 40 pounds.
This case was investigated by the U.S. Postal Service Office of Inspector General and the Social Security Administration Office of Inspector General.
Further information regarding this case can be obtained by contacting Assistant United States Attorney Tamara Thomson at (315) 448-0672.
Department of Labor Files Motion To Consolidate USPS Electrical Safety Charges
APWU Web News Article 081-2010, Aug. 6, 2010
The Department of Labor (DOL) is seeking to consolidate complaints regarding the Postal Service’s ongoing and systemic violations of safe electrical work practices, and has initiated settlement discussions with the Postal Service in an attempt to correct the hazards. The DOL has invited the APWU to participate in the discussions.
Responding to APWU safety complaints, the Occupational Safety and Health Administration (OSHA) has issued fines of more than $3.7 million for “willful and serious” electrical safety violations at 17 USPS facilities since January. Inspectors found that the Postal Service failed to provide employees working on electrically energized machinery with adequate training and protective equipment. The violations expose workers to the risk of severe electric shock, burns, or death, OSHA concluded.
In a motion filed Aug. 3 [PDF], the Secretary of Labor said that the Postal Service has approximately 260 Mail Processing & Distribution Centers and Network Distribution Centers across the country with similar hazards. In a cover letter accompanying the motion, the DOL Solicitor’s Office wrote, “Inspections continue with more citations expected.”
“Given the common issues and parties, and the number of citations to be issued in total, which may exceed 30-40, a consolidation of all these cases would conserve judicial and litigation resources,” the letter said.
On July 6 the DOL filed a complaint requesting “enterprise-wide” relief for the safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the Postal Service to correct the violations; uphold the 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.
“The Department of Labor motion to consolidate the cases would merge these similar complaints so that the result of any litigation or settlement discussions would be applied to every postal facility where APWU members are exposed to electrical hazards,” said Greg Bell, APWU Director of Industrial Relations. “It would provide a uniform remedy and prevent the Postal Service and OSHA from negotiating separate, individual settlements at different locations.” Bell noted that the DOL’s motion mentioned 260 facilities and said, “The APWU is adamant that any settlement must be applied to all postal facilities that have deficient electrical safety work practices.”
The motion also requests a 90-day “stay,” which would hold proceedings in abeyance to allow the parties to pursue negotiations at the national level without being hampered by discovery issues or mandatory settlement proceedings. The stay would not prevent OSHA from conducting inspections or filing additional complaints.
The APWU has intervened as a party to the proceedings, which will ensure that the union is notified of developments in the case and given the opportunity to present the union’s position.
The APWU attended a preliminary meeting with representatives of the DOL, OSHA, and the USPS on July 27 to begin discussions of a possible remedy for the safety violations. “Throughout this process, the APWU will continue to insist that these outrageous hazards are corrected and that union members are protected,” Bell said.
OSHA Fines USPS $357,000 For Safety Violations At Boston, MA Facility
Filed under: APWU, Dept. of Labor, osha, postal, postal news, usps
APWU Web News Article 076-2010, Aug. 3, 2010
The Occupational Safety and Health Administration (OSHA) issued the Postal Service nine “willful and serious” safety violations for exposing employees to electrical hazards at a Boston, MA postal facility. The USPS has been ordered to pay $357,000 in fines.
OSHA issued the Postal Service citations [PDF] after inspectors found untrained employees working on live machinery without proper protective equipment, exposing them to the risk of electric shock and burns.
The latest citations bring the Postal Service’s total OSHA fines to over $3.7 million.
US Labor Department’s OSHA proposes $272,000 in Fines Against USPS Capitol Heights MD Mail Processing Facility
Filed under: Dept. of Labor, osha, postal, press releases, usps
for exposing workers to electrical hazards at Capitol Heights, Md., facility
CAPITOL HEIGHTS, Md. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for workplace safety violations related to electrical hazards found at the Capitol Heights Processing and Distribution Center. Proposed penalties total $272,000.
“These citations and sizable fines reflect the Postal Service’s failure to equip its workers with the necessary knowledge and skills to safely work with live electrical parts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The Postal Service knew that proper and effective training was needed for the safety of its workers but did not provide it.”
OSHA initiated an inspection in January 2010 in response to a complaint alleging the hazards. Inspectors cited the Postal Service with four willful violations carrying a penalty of $265,000 and one serious violation with a penalty of $7,000.
The willful violations include inadequate training for workers exposed to electrical hazards, failing to provide electrical protective equipment to protect workers from arc-flash hazards and electrical current, and failing to use appropriate safety signs, safety symbols or accident prevention tags to warn employees about electrical hazards. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The serious violation includes the facility’s failure to provide voltage-rated tools. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.
The Postal Service has 15 business days from receipt of its citations to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Baltimore/Washington Area Office, which can be reached at 410-865-2055. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.
The U.S. Department of Labor has filed an enterprise-wide complaint against the U.S. Postal Service for electrical work safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the USPS to correct electrical violations at all its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.
note: This is just a press release from OSHA. APWU reported safety violations at the Maryland facility last week.
Department of Labor Safety Complaint Underscores Widespread, Systemic Violations
APWU Web
The Department of Labor filed a complaint [PDF] 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.
OSHA Fines USPS $210,000 At Eagan Facility
According to the Star Tribune
The U.S. Postal Service “knowingly put its workers in harm’s way” at its Eagan processing center by exposing employees to the potential for electrical shock, prompting federal officials to levy $210,000 in fines, U.S. officials announced Tuesday.
The allegations from the Labor Department’s Occupational Safety and Health Administration (OSHA) contend that the Postal Service (USPS):
• Failed to provide required safety training for its workers.
• Did not ensure employees used proper safety-related practices while operating electrical equipment.
• Did not provide workers with the proper safety equipment
According to APWU up until today the recent citations bring the Postal Service’s total fines to nearly $2.5 million. Now with the $210,000 in fines announced today the total stands at $2.7 Million
OSHA Proposes $430,000 in fines against USPS At Scarborough, Maine Mail Facility
AUGUSTA, Maine — The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for alleged willful and repeat violations of safety standards following an inspection at the Southern Maine Processing and Distribution Center in Scarborough, Maine. The Postal Service faces a total of $430,000 in fines, chiefly for exposing workers to electrical hazards.
“These citations and sizable fines reflect the Postal Service’s failure to equip its workers with the necessary knowledge and skills to safely work with live electrical parts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The Postal Service knew that proper and effective training was needed for the safety of its workers but did not provide it.”
OSHA’s inspection, which began Dec. 29, 2009, in response to a complaint from workers at the Scarborough facility, found employees working with or near live electrical equipment without adequate training or qualifications, personal protective equipment, safety-related work practices and warning signs.
These conditions exposed the workers to electric shock, arc flashes and arc blasts and resulted in OSHA issuing six willful citations, with $420,000 in proposed fines, to the Postal Service. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
In addition, OSHA found that access to electrical panels was blocked in several instances by materials being stored adjacent to them. This situation resulted in one repeat citation, with a $10,000 fine, since the Postal Service had been cited in November 2007 for the same type of hazard at a Toledo, Ohio, postal facility.
The Postal Service has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Augusta Area Office; telephone 207-626-9160. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.
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 assure 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.
FMLA Leave Expanded to More Parents And Children
The Department of Labor issued the following clarification on the expanded FMLA regulations:
Neither the statute nor the regulations restrict the number of parents a child may have under the FMLA. For example, where a child’s biological parents divorce, and each parent remarries, the child will be the “son or daughter” of both the biological parents and the stepparents and all four adults would have equal rights to take FMLA leave to care for the child. An employee who will share equally in the raising of an adopted child with a same sex partner, but who does not have a legal relationship with the child, would be entitled to leave to bond with the child following placement, or to care for the child if the child had a serious health condition, because the employee stands “in loco parentis” to the child.
Wage and Hour Division Administrator’s Interpretation No. 2010-3
June 22, 2010
Issued by Deputy Administrator Nancy J. Leppink
SUBJECT: Clarification of the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an employee standing “in loco parentis” to a child.
The Administrator has determined that additional clarification is needed on the definition of “son or daughter” as it applies to an employee taking FMLA-protected leave for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition. Based on the Wage and Hour Division’s experience in administering the FMLA, it is evident that many employees and employers are unsure of how the FMLA applies when there is no legal or biological parent-child relationship. The Administrator is issuing this interpretation to provide needed guidance on this important area of law. Read more