ALJ Issues Significant Order in United States Postal Service

Before the Court is the Motion to Strike or Dismiss of the Respondent, United States Postal Service (USPS). The USPS moves pursuant to Fed.R.Civ.P. 12(b)(6) or (f) to strike or dismiss the request for an order of enterprise-wide abatement from the First Amended Complaint of the Secretary. As grounds therefore, the USPS asserts enterprise-wide liability is inconsistent with the Occupational Safety Health Act of 1970, 29 U.S.C. § 651-678 (Act), and is “inappropriate in cases that require place and circumstance-specific findings of facts relating to whether a violation exists and is required to be abated, such as in (a) General Duty Clause cases; and (b) heat stress cases.” (Motion, p. 3)