112 STAT. 1572 PUBLIC LAW 105-241 —SEPT. 28, 1998 Public Law 105-241 105th Congress An Act Sept. 28, 1998 To make the Occupational Safety and Health Act of 1970 applicable to the United [S. 2112] States Postal Service in the same manner as any other employer. Be it enacted by the Senate and House of Representatives of Postal Employees the United States of America in Congress assembled, Safety Enhancement SECTION 1. SHORT TITLE. Act. 39 USC 101 note. This Act may be cited as the "Postal Employees Safety Enhancement Act". SEC. 2. APPLICATION OF ACT. (a) DEFINITION.— Section 3(5) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(5)) is amended by inserting after "the United States" the following: "(not including the United States Postal Service)". (b) FEDERAL PROGRAMS. — (1) OCCUPATIONAL SAFETY AND HEALTH. —Section 19(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668(a)) is amended by inserting after "each Federal Agency" the following: "(not including the United States Postal Service)". (2) OTHER SAFETY PROGRAMS.—Section 7902(a)(2) of title 5, United States Code, is amended by inserting after "Government of the United States" the following: "(not including the United States Postal Service)". SEC. 3. CLOSING OR CONSOLIDATION OF OFFICES NOT BASED ON OSHA COMPLIANCE. Section 404(b)(2) of title 39, United States Code, is amended to read as follows: "(2) The Postal Service, in making a determination whether or not to close or consolidate a post ofRce— "(A) shall consider— "(i) the effect of such closing or consolidation on the community served by such post office; "(ii) the effect of such closing or consolidation on employees of the Postal Service employed at such office; "(iii) whether such closing or consoHdation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; "(iv) the economic savings to the Postal Service resulting from such closing or consoUdation; and
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