Department of Labor (DOL) attorneys obtained a consent judgment in federal court that includes an injunction permanently preventing the U.S. Postal Service (USPS) from retaliating against employees at up to 59 locations in the state of Washington, the DOL announced July 16.

The consent judgment also requires the USPS to pay $183,732 in lost wages, interest, and damages to three unlawfully terminated employees. 

The consent judgment in the U.S. District Court for the Western District of Washington in Tacoma follows three separate Occupational Safety and Health Administration (OSHA) investigations that found the USPS improperly fired three probationary workers in East Vancouver, Seattle, and Tacoma after they reported workplace injuries. The agency determined that the USPS had violated antiretaliation provisions of the Occupational Safety and Health (OSH) Act.

The DOL’s Office of the Solicitor filed suit against the USPS for its violations of the OSH Act’s antiretaliation provisions.

The DOL has sued the USPS to protect probationary employees in California, Oregon, Pennsylvania, and Washington who faced similar retaliation after reporting injuries.

The court order requires the USPS to implement the following measures:

• Provide probationary employees who report workplace injuries equal opportunity to pass probation.
• Supply probationary employees who report workplace injuries during their orientation the information needed to file a workers’ compensation claim.
• Have HR or a labor relations officer review all proposed terminations of probationary employees who have reported a workplace injury. 
• Provide workers with specific notice and training related to their employees’ rights to report work-related injuries and related medical restrictions free of retaliation.

OSHA hasn’t always been successful in its enforcement actions against the USPS. The Occupational Safety and Health Review Commission last year vacated OSHA citations, finding that OSHA’s recommended abatement measures weren’t economically feasible for the USPS.

Texas flooring manufacturer faces $300K OSHA fine

Commercial flooring manufacturer Ecore International Inc. faces $299,591 in OSHA fines after the agency cited 1 willful violation and 15 serious violations at the company’s Mexia, Texas, facility, OSHA announced July 15.

Agency investigators found that the company:

• Made employees stand on a forklift’s elevated tines to reach work areas;
• Failed to prevent small fires fueled by improper buildup of combustible dust and permitted potentially explosive atmospheres to exist;
• Lacked safe areas for welding;
• Exposed employees to slip, trip, and fall hazards;
• Allowed untrained workers to operate forklifts; and
• Failed to ensure machines had required safety guards.

“Ecore International must extend the innovation it credits for its company’s success to the safety and health of the people who help make and sell its products,” Monica Camacho, OSHA’s Austin, Texas, area office director, said in an agency statement.

“At the company’s Mexia facility, our inspectors found employees forced to climb atop forklifts to do their jobs, workers exposed to potential dangers of fire and explosion, and many unprotected from the risks of falls and unguarded machines, all of which provides a formula for serious or fatal injuries,” Camacho continued.

Agency personnel found machine guard hazards unchecked and employees exposed to potential electrocution and amputation hazards in a separate investigation of Ecore’s Ozark, Alabama, facility.