November 20, 2024

Department of Labor petitions federal court to force US Postal Service to comply with subpoenas in employee whistleblower investigation

Employer refuses to provide documents, allow witness interview

Date of action:  Nov. 20, 2024

Type of action:  Petition to enforce subpoena

Employer:  U.S. Postal Service, New Salem, Pennsylvania

Background:  The department filed a petition today in the U.S. District Court for the Western District of Pennsylvania to enforce its subpoenas issued by its Occupational Safety and Health Administration as part of a whistleblower investigation of the U.S. Postal Service in New Salem, Pennsylvania. OSHA opened the probe in October 2023 after an employee alleged in a whistleblower complaint that she was suspended after reporting safety hazards involving an assigned vehicle and a work-related injury.

During its investigation, OSHA interviewed a USPS manager regarding the suspension and later learned that almost immediately after the interview, USPS supervisors began conducting safety observations of the employee as she drove her truck. They later claimed to have seen the employee violating safety rules, and USPS then fired the employee based on the alleged infractions. The employee then contacted OSHA, which amended the earlier complaint to include the termination as an additional act of retaliation.

When OSHA issued a subpoena to re-interview the manager, including making an audio recording of the interview, USPS refused to allow the audio recording unless OSHA also hired a court reporter to transcribe the interview. In addition, after OSHA issued a document subpoena to obtain relevant documents and information, USPS refused to produce certain documents. The department's petition asks the court to enforce both of these subpoenas.

Since 2020, the department has filed nine federal lawsuits to protect USPS probationary employees fired after reporting injuries in California, Oregon, Pennsylvania and Washington.

Learn more about OSHA's Whistleblower Protection Programs.

Quote:  "OSHA has the power to subpoena employers for necessary information to complete its investigative process," said OSHA Regional Administrator Michael J. Rivera, in Philadelphia. "Employers cannot refuse to produce relevant documents and are not entitled to dictate the way in which OSHA conducts interviews."

Docket Number:  2:24-mc-01262-MRH

Media Contact: 

Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov

Release Number: 24-2408-PHI