U.S. Postal Service Challenges OSHA's $150,000 Citation After Mail Carrier's Death

Woodland Hills, CA (Workerscompensation.com) - The U.S. Postal Service is challenging a $150,000 citation issued last month by the Department of Labor’s Occupational and Health Administration. OSHA cited the USPS for a “repeated” violation of OSHA’s General Duty Clause for the safety of its workers in high-heat situations.

The fine handed down from OSHA stems from the death of 63-year-old USPS carrier Peggy Frank, who was found dead in her mail truck that had no air conditioner on July 6, 2018. That day in Woodland Hills, Cal., temperatures had climbed to 117 degrees. Frank died of hyperthermia, an irregularly high body temperature that is caused when the body fails to deal with heat in a hot environment. 

The USPS was also fined for not keeping adequate records of employee injuries and illnesses. In a press release Oakland Area office Director Amber Rose stated “USPS is responsible for establishing work practices to protect mail carriers who work outdoors from the hazards of extreme temperatures.”

According to court documents, OHSA noted in the citation that after the investigation of Frank’s death, the USPS “did not furnish employment and a place of employment, which were free from recognized hazards that were causing or likely to cause death or serious physical harms to employees in that employees were exposed to excessive heat hazards.”

It also stated that the day after Peggy Frank’s death another carrier in Woodland Hills suffered from heat exhaustion, but there had been no documentation of the incident in a required OSHA log. A few years ago, another letter carrier had died after reporting that he had symptoms of heat-induced illness and, when he had asked to go home for the day, was told to continue working. He ended up collapsing on his route and died. OSHA cited the USPS for $70,000 in penalties, a judgement that was upheld in 2014.

Recent frigid weather led the agency to suspend delivery of mail in parts of ten states in the Midwest and Great Plains.

Citation Challenge

“The Occupational Safety and Health Administration issued a citation to the USPS related to the matter involving Ms. Frank, and after attempting to reach an informal resolution of the citation with OSHA, we have now filed a notice of contest to formally challenge the citation,” said Evelina Ramirez, a USPS Spokeswoman. “It is anticipated that this citation will now be litigated before the Occupational Safety and Health Review Commission (OSHRC) with OSHA and the Secretary of Labor. The Postal Service does not comment on matters that are pending litigation. As such, the Postal Service has no further comments regarding the citation.”

A Department of Labor spokesperson told Workerscompensation.com “we can confirm that OSHA has received the USPS’s contest and the case is now before the independent OSHRC.”

The OSHRC settles workplace health and safety disputes between the Department of Labor and employers. The administrative law judge assigned to the case will decide whether the citation will be admitted, altered, or vacated. Unless one of the involved parties petitions for a second review, the decision will become final within 30 days.

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