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Florida Postal Workers Anthrax
Lawsuit Dismissed
By Angus MacSwan
11-17-11

MIAMI (Reuters) - A judge has dismissed a lawsuit by South Florida mail workers seeking more protection from anthrax, saying the U.S. Postal Service responded quickly and effectively to their fears over an outbreak of the disease.
 
``The record is devoid of any evidence that their fear is based on an actual threat or that any postal worker in Florida has suffered actual and imminent harm as a result of anthrax exposure,'' U.S. District Judge Patricia Seitz wrote in a 12-page ruling received by Reuters on Saturday.
 
The civil lawsuit sought to force the Postal Service into arbitration over safety issues resulting from the anthrax outbreak after the Sept. 11 militant attacks on the United States that killed more than 4,500 people.
 
The outbreak hit Florida, Washington, New York and New Jersey, killing four people, including two postal workers at a mailing facility in the nation's capital, and making at least 13 sick.
 
Although U.S. officials described the outbreak as a terrorist action, they have not linked it to the network of Osama bin Laden, the alleged mastermind of the Sept. 11 attacks.
 
In the lawsuit, workers complained that the Postal Service was slow to respond to the perceived anthrax threat to those handling the mail.
 
The American Post Workers Union Miami local, representing some 4,000 workers in greater Miami, Fort Lauderdale and Boca Raton, had demanded increased testing of workers for the rare livestock disease, that postal facilities be cleaned and tested, and more masks and gloves be provided to workers.
 
Union officials also wanted three major postal facilities in Miami and several in Boca Raton, 50 miles (80 km) to the north, shut down until they could be tested and cleaned.
 
After five days of testimony, local Union President Judy Johnson had reduced her demands to a request that window clerks be allowed to wear masks while dealing with the public.
 
In her ruling issued Friday, Seitz said the Postal Service had acted on the best advice of the Centers for Disease Control and Prevention (CDC) and had made ``comprehensive, collaborative efforts'' with the national union to address the threat.
 
The Postal Service said customers would get the wrong impression if window clerks wore masks and Seitz said that decision seemed appropriate.
 
``The CDC has not recommended that window clerks wear masks while serving customers,'' she ruled. ``The court has no authority to dictate policy to the Postal Service or its employees.''
 
No postal workers in South Florida have tested positive for exposure although spores have been found in six Palm Beach County postal facilities.
 
The U.S. anthrax outbreak was first detected in Boca Raton, where a worker at supermarket tabloid publisher American Media, Inc., died of the disease on Oct. 5. The AMI headquarters building was quarantined and authorities subsequently said they believe the anthrax entered the building via the mail.



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