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USPS defense against OSHA quotes was rejected



An administrative judge in the Work Safety and Health Committee has rejected two defenses issued by the US Postal Service to a quote issued by the US Occupational Safety and Health Administration.

On February 26, 2018, OSHA issued a single case, which was not serious, to USPS claiming it issued a seven-day interruption to a carrier because he reported a work injury on August 16, 2017, allegedly breached by the discrimination against the law on occupational safety and health, according to the court's order in work secretary against the US Postal Service . The quote suggested a penalty of $ 5 543 and demanded a reduction by March 9, 2018, but the USPS questioned the quote and invoked the powers of review commission.

USPS denied claims of the quote and called for a number of affirmative defenses, including that The alleged standard and / or sanctions were invalid as ultra vires, which meant that the OSHA's statutory authority or authority was and that the alleged standard and / or sanctions lacked a rational basis and / or was arbitrary and tricky on Thursday. The Labor Secretary filed a partial summary judgment of September 1

4, 2018, which sought legal court for these two confirmatory defenses. Granting the movement would provide the affirmative defense.

OSHA's electronic registration rule, formally known as improved workplace tracing and disease tracking, originally required employers to electronically submit multiple forms of injury and disease data to the Agency, although a rule completed in January limited such mandatory submissions to summary forms. However, the electronic register of the registry contained many controversial provisions on countermeasures against retaliation – some of which have led to disputes against the rule – since employees were already able to file retaliatory complaints under section 11 (c) of the OSH Act and employers' representatives were concerned by setting up a new, citation-based route for employee complaints.

The Court first assessed whether the Congress was intended for the procedure provided for in Section 11c which prohibits employers from opposing employees for the exercise of the OSH Act, for example, to file a security or health complaint with OSHA, to be the only way to rectify revocation documents that violate both an employee's 11 (c) rights and undermine OSHA's obligation to collect accurate damages and disease data, according to review documents. [19659002] "The text in section 11c does not contain any limited language of any kind," the judge noted, noting that the text does not speculate eak directly to the question of whether OSHA must rely on Section 11c procedure to claim and advance statutory interests otherwise than the employees' interest to be protected against retaliation in order to participate in protected activities. "Another way is that in Section 11c, nothing talks about whether OSHA can exercise its power to issue regulations that promote accurate record management where counter-defense and record-keeping goals overlap."

Judges also judged whether the agency acted arbitrarily and to a large extent to issue a regulation condemning certain behaviors as an employer denial to an employee for reporting a work-related injury or illness that is already banned under section 11 c.

" The enforcement of regulations against countermeasures is not done arbitrarily and pleasantly, simply because it could be parallel sections 11c and 9a § procedures involving the same alleged prosecution, judge says when refusing this defense.

9 § a OSH Act instructs the secretary to enforce "all regulations prescribed in accordance with this law" by conducting inspections or investigations and issuing quotes for perceived by Olations.

The postal service does not comment on litigation, including decisions arising from disputes, according to a spokesman. ]

                    


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