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Labor Department seeks court order against USPS over whistleblower probe

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Katelyn Walker Mooney Acting Assistant Secretary for Policy | Official Website

The U.S. Department of Labor has taken legal action to enforce compliance with subpoenas issued to the U.S. Postal Service (USPS) in connection with a whistleblower investigation. The department filed a petition on November 20, 2024, in the U.S. District Court for the Western District of Pennsylvania. This action is part of an ongoing investigation by the Occupational Safety and Health Administration (OSHA) into allegations made by a USPS employee in New Salem, Pennsylvania.

The investigation began in October 2023 after an employee claimed she was suspended following her report of safety hazards related to her assigned vehicle and a work-related injury. OSHA's inquiry revealed that shortly after interviewing a USPS manager about the suspension, supervisors started conducting safety observations on the employee while she was driving her truck. The supervisors alleged that they observed safety violations, leading to the employee's termination. The employee then contacted OSHA again, resulting in an amendment to the original complaint to include retaliation claims concerning her firing.

In response to these developments, OSHA issued subpoenas requesting a re-interview with the manager and relevant documents from USPS. However, USPS refused to allow audio recording of the interview unless accompanied by a court reporter transcription and declined to provide certain requested documents.

Michael J. Rivera, OSHA Regional Administrator in Philadelphia, emphasized OSHA's authority: “OSHA has the power to subpoena employers for necessary information to complete its investigative process,” he stated. “Employers cannot refuse to produce relevant documents and are not entitled to dictate the way in which OSHA conducts interviews.”

This case is part of a broader effort by the Department of Labor since 2020, which includes nine federal lawsuits aimed at protecting probationary employees who were terminated after reporting injuries across several states including California, Oregon, Pennsylvania, and Washington.

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