OWCP Director: Proposals To Amend Federal Employees Compensation Act
The Office Of Workers’ Compensation Programs has laid out several reforms for FECA. Below is the prepared testimony of Acting Director Gary Steinberg for April 13, 2011 House Subcommittee Hearing On FECA: Read more
Postal Worker Indicted For Falsifying Eligibility To Run In NALC Local Election
On August 18, 2010, in the United States District Court for the Southern District of Mississippi, Sharron Dixon Haynes, aka Sharron A. Haynes, former election candidate of National Association of Letter Carriers (NALC) Branch 217 (located in Jackson, Miss.), was indicted on three counts of making and causing to be made, and using and causing to be used, a false writing or document in a matter within the jurisdiction of the executive branch of the United States Government.. Haynes is alleged to have submitted a false certification of her eligibility for election to Branch 217, which she knew falsely certified that she had not served as a supervisor within two years prior to October 2008, when in fact she had served as a supervisor in May 2008. The indictment follows an investigation by the OLMS New Orleans District Office.
Note previous OLMS investigation:
On March 31, 2009, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on December 11, 2008, by National Association of Letter Carriers (NALC) Branch 217 in Jackson, Mississippi.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Branch 217 incumbent officers and candidates had unregulated access to voted ballots prior to the election; unvoted ballots were hand delivered to voters by a candidate with access to election materials; voted ballots were returned by hand instead of by mail; ineligible members were permitted to vote and a voter eligibility checklist was not used in the election; eligible members were denied the right to vote when their ballots were voided because the union sent reply envelopes that did not provide the necessary identifying information; candidates were denied the right to have observers at the counting of ballots; ballots were not properly counted resulting in incorrect candidates being installed in some trustee and delegate positions; and election records were not properly maintained.
Apprised of these findings, NALC Branch 217 agreed to conduct new nominations and a new election for the offices of vice president, treasurer, three trustees, and delegates to the NALC 2010 Mississippi State Convention under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on September 3, 2009. It is, therefore,
DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by National Association of Letter Carriers (NALC) Branch 217 on December 11, 2008, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on September 3, 2009.
In other Department t of Labor, OLMS criminals actions:
On September 23, 2010, in the United States District Court for the Eastern District of Michigan, Donald Kister, former President of National Postal Mail Handlers Local 307 (located in Detroit, MI), was charged in a two-count indictment with one count of embezzling union funds in the amount of $4,137.35 between August 2006 and October 2007 and one count of making false statements. The indictment follows an investigation by the OLMS Detroit District Office.
On September 1, 2010, in the United States District Court for the Northern District of Illinois, Mozelle E. Means-Swanson, former President of American Postal Workers Union (APWU) Local 7139 (located in Aurora, Ill.), pled guilty to one count of willfully failing to maintain union records. On May 6, 2009, Means-Swanson was indicted on one count of embezzling union funds in the amount of $4,900. The plea follows an investigation by the OLMS Chicago District Office.
An indictment is a formal accusation or charge based on a finding by a Grand Jury that it is likely that the person charged committed the criminal offense described in the indictment and is the means by which an accused person (defendant) is brought to trial. An indictment raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.
An information is a formal accusation of a crime by a government attorney rather than a Grand Jury. An information raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.
A charge is an accusation of criminal activity and raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Each count is a separate and distinct offense charged in an indictment or information.
A guilty plea is a defendant’s admission to the court that he or she committed the offense charged and an agreement to waive the right to a trial.
A conviction is a judgment based on a jury’s verdict, judge’s finding, or the defendant’s admission that the defendant is guilty of the crime charged.
A sentence is a judicial determination of the punishment to be imposed on an individual who has plead guilty or has been convicted by a jury or judge of a criminal offense.
source: U.S. Department of Labor — Office of Labor-Management Standards (OLMS) — OLMS Enforcement
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.
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 $272,000 For Safety Violations at Southern Maryland Mail Processing Center
APWU News
The Occupational Safety and Health Administration (OSHA) cited [PDF] the USPS for nine “willful and serious” safety violations at the Southern MD Processing and Distribution Center (P&DC), and ordered the Postal Service to pay $272,000 in fines.
Inspectors found employees at the facility working on live machinery with exposed energized parts without wearing appropriate protective equipment, exposing them to the risk of electric shock.
The latest citations bring the Postal Service’s total OSHA fines to nearly $3 million
Dept. Of Labor Files Complaint Against USPS To Correct Safety Violations At 350 Postal Facilities
Complaint requests enterprise-wide remedy, a 1st
WASHINGTON, July 6 — The U.S. Department of Labor’s solicitor today filed a complaint against the U.S. Postal Service for electrical work safety violations. The complaint, which asks the Occupational Safety and Health Review Commission to order USPS to correct electrical violations at 350 facilities, marks the first time the department has sought enterprise-wide relief as a remedy.
The request for enterprise-wide relief is 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. These violations increase the risk of injury from electrical shock, including electrocution. While today’s complaint arises from violations discovered in the Providence, R.I., facility, the requested remedy would apply to all 350 USPS processing and distribution centers, all of which contain similar equipment.
“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,” said Solicitor of Labor M. Patricia Smith. “The Department of Labor will seek other opportunities to utilize this remedy.”
OSHA’s inspections have revealed numerous violations of similar worker safety standards at USPS facilities throughout the nation. The complaint alleges 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. The complaint also seeks $558,000 for the eight willful and four serious violations discovered in Rhode Island.
“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. “The complaint filed today seeks to put a stop to this irresponsible behavior.”
SOURCE U.S. Department of Labor
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