ALJ Decision in U.S. Postal Service Directed for Review
This case concerns a claim of alleged discrimination for reporting work-related injuries. It is brought under a new anti-discrimination regulation recently promulgated and published on May 12, 2016, under authority from the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (OSH Act). Around May and June 2017, two postal workers for the Mt. Oliver branch of the United States Postal Service (USPS or Respondent) in Pittsburgh, Pennsylvania reported their work-related injuries to their management. After an internal pre-disciplinary investigation, the USPS suspended them with pay for alleged violations of USPS safety rules. Shortly thereafter, a union steward filed whistleblower complaints on their behalf with the Occupational Safety and Health Administration (OSHA), which commenced two separate, parallel investigations: (1) pursuant to § 11(c) of the OSH Act , and (2) pursuant to the recently promulgated anti-discrimination regulation under part 1904 (“Recording and Reporting Occupational Injuries and Illnesses”) subpart D (“Other OSHA Injury and Illness Recordkeeping Requirements”) at 29 C.F.R. § 1904.35(b)(1)(iv).
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