During the multiple heat-related illness cases relating to the United States Postal Service (USPS), the Occupational Safety and Health Administration (OSHA) was able to establish extreme heat being a major workplace hazard. However, the agency neglected to provide effective abatement techniques in the case. Due to this, the Occupational Safety and Health Administration Review Commission (OSHRC) supported the decision made by the administrative law judge to vacate citations in all but one case. the casesThese citations were related to seven employees working during the summer of 2016 in five cities. Every letter carrier experienced illness when they were out delivering mail in the extreme heat and had to get medical treatment. OSHA claimed that six of these workers became ill due to excessive heat. Five citations were filed against USPS for these alleged violations. The Administrative Law Judge (ALJ) vacated the five citations after finding that OSHA neglected to prove the workplace conditions were hazardous and that effective and feasible measures were accessible to abate the conditions. In four cases, the OSHRC agreed the agency established that the extreme heat conditions posed a hazard for the workers under the general duty clause but found the abatement suggestions OSHA made for the hazardous conditions for these cases fell short. For the fifth one, the OSHRC found that USPS indeed neglected to offer proper heat-related illness training to the supervisors. Therefore, this case was remanded for additional review. OSHA FAILING TO PROVE EFFECTIVE |
Paul Harris is President and CEO of Regulatory Support Services, Inc., a company founded in 1994 and specializing in regulatory compliance consultation to the death care profession. He holds a North Carolina Funeral Service license and prior to joining the company was the Executive Director of the North Carolina Board of Funeral Service from 2004 until early 2012. Additionally, Paul served as the OSHA compliance officer for a large North Carolina-based funeral home and has eighteen years of first-hand knowledge of regulatory compliance issues. |
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