Commission Issues Decision in U.S. Postal Service

The Occupational Safety and Health Administration issued U.S. Postal Service a one-item citation alleging an other-than-serious violation of 29 C.F.R. § 1904.135(b)(1)(iv), a recordkeeping regulation that prohibits employers from “discharg[ing] or in any manner discriminat[ing] against any employee for reporting a work-related injury or illness.” The citation alleges that USPS retaliated against two mail carriers in its Mount Oliver Branch in Pittsburgh, Pennsylvania, by issuing “a seven-day working suspension” to each of them after each one reported a work-related injury. Following a hearing, Administrative Law Judge Keith E. Bell vacated the citation, concluding that the Secretary failed to establish that USPS’s proffered reasons for disciplining the mail carriers were pretextual. For the following reasons, we set aside the judge’s decision and remand this case for further proceedings consistent with this opinion.