USPS Revises ELM To Clarify OIG Role Regarding Whistleblower Protection
Effective immediately, Employee and Labor Relations Manual (ELM) 666.32 and 666.35 are revised to clarify certain responsibilities of the Office of Inspector General when investigating allegations of reprisal for the release of information under the provisions of ELM 666.18.
Employee and Labor Relations Manual (ELM)
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6 Employee Relations
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660 Conduct
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666 Prohibited Personnel Practices
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666.3 Whistleblower Protection
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[Revise 666.32 as follows:]
666.32 Upon receipt of the allegations, the Office of Inspector General will conduct a preliminary review of the allegations. If the Office of Inspector General determines that the allegations warrant further review, a questionnaire may be sent to the complainant that must be completed and returned to the Office of Inspector General within 30 calendar days. The Office of Inspector General will review the completed questionnaire to determine whether it will investigate the allegations or decline further action.
If the Office of Inspector General declines to review allegations or terminates an investigation, it shall prepare and transmit to the complainant a written statement notifying the complainant of:
a. Its decision not to review allegations or to terminate an investigation; and
b. The reasons for declining to review allegations or for terminating an investigation.
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[Revise 666.35 as follows:]
666.35 Except when the Office of Inspector General declines to investigate or does not substantiate the complainant’s allegations under 666.32, no later than 120 days after the date of receiving complainant’s completed questionnaire under 666.32, the Office of Inspector General shall provide an investigative report to the Vice President, Labor Relations.
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We will incorporate the complete text of this revision into the next printed version of the ELM and into the online update available on the Postal Service PolicyNet website:
* Go to http://blue.usps.gov.
* Under “Essential Links” in the left-hand column, click PolicyNet.
* On the PolicyNet page, click Manuals.
(The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.)
— General Counsel, Office of Inspector General, 4-21-11 Postal Bulletin
U.S. Department of Labor files lawsuit against USPS On Behalf Of Fired Whistleblower
The U.S. Department of Labor has filed suit against the U.S. Postal Service, alleging that a former Seattle Processing and Distribution Center postal employee was discharged in violation of the whistleblower provisions of the Occupational Safety and Health (OSH) Act of 1970.
According to the court documents:
On or about January 21, 2008, the postal employee made a health complaint to her supervisor that she was suffering from a severe allergic reaction due to her work on a particular piece of machinery. In response to her complaint, the postal employee’s manager sent her to another part of the processing center. No official report of her complaint was made until more than three months later. On February 7, 2008, the postal employee told her supervisor she would no longer work on the piece of machinery she believed caused her allergic reaction. Defendant continued to schedule the postal employee to work on the machinery even though there were other places in the facility that she could work and there were other employees available to work on the machinery. On February 20, 2008, the postal employee discussed her health concerns with a union steward and another regular employee; the two regular employees directed her to a designated postal safety officer, who gave her contact information for the Occupational Safety and Health Administration (OSHA), in order to report her health concerns. The fact that she received this information was reported to Defendant on the same day. On or about February 22, 2008, Defendant ceased scheduling the postal employee for hours of work. On February 25, 2008, the postal employee filed a health complaint with OSHA. On February 28, 2008, the postal employee filed a complaint alleging a violation of § 11(c) with OSHA.
Section 11(c) of the OSH Act prohibits discharge or other discrimination against an employee for reporting a work-related fatality, injury or illness. It also prohibits retaliation against employees for filing a safety or health complaint, or for exercising a wide range of other rights afforded to them by the act.
Filed in the U.S. District Court for the Western District of Washington, the complaint seeks to reinstate the employee and to secure back pay, interest, punitive damages, other relief and an order permanently enjoining the U.S. Postal Service from violating the anti-discrimination provisions of the OSH Act.