I 

108TH CONGRESS 

1ST SESSION H. R. 2731

To amend the Occupational Safety and Health Act of 1970 to provide for 

the award of attorney’s fees and costs to very small employers when 

they prevail in litigation prompted by the issuance of citations by the 

Occupational Safety and Health Administration. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Mr. NORWOOD introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To amend the Occupational Safety and Health Act of 1970 

to provide for the award of attorney’s fees and costs 

to very small employers when they prevail in litigation 

prompted by the issuance of citations by the Occupational Safety and Health Administration.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Occupational Safety 

5 and Health Small Employer Access to Justice Act of 

6 2003’’. 
2

•HR 2731 IH 

1 SEC. 2. AWARD OF ATTORNEY’S FEES AND COSTS. 

2 The Occupational Safety and Health Act of 1970 (29 

3 U.S.C. 651 and following) is amended by redesignating 

4 section 32 through 34 as 33 through 35 and inserting the 

5 following new section after section 31: 

6 ‘‘SEC. 32. AWARD OF ATTORNEYS’ FEES AND COSTS. 

7 ‘‘(a) ADMINISTRATIVE PROCEEDINGS.—An employer 

8 who—

9 ‘‘(1) is the prevailing party in any adversary 

10 adjudication instituted under this Act, and 

11 ‘‘(2) had not more than 100 employees and a 

12 net worth of not more than $1,500,000 at the time 

13 of the adversary adjudication was initiated, 

14 shall be awarded fees and other expenses as a prevailing 

15 party under section 504 of title 5, United States Code, 

16 in accordance with the provisions of that section, but with17 out regard to whether the position of the Secretary was 

18 substantially justified or special circumstances make an 

19 award unjust. For purposes of this section the term ‘ad20 versary adjudication’ has the meaning given that term in 

21 section 504(b)(1)(C) of title 5, United States Code. 

22 ‘‘(b) PROCEEDINGS.—An employer who—

23 ‘‘(1) is the prevailing party in any proceeding 

24 for judicial review of any action instituted under this 

25 Act, and 
3

•HR 2731 IH 

1 ‘‘(2) had not more than 100 employees and a 

2 net worth of not more than $1,500,000 at the time 

3 the action addressed under subsection (1) was filed, 

4 shall be awarded fees and other expenses as a prevailing 

5 party under section 2412(d) of title 28, United States 

6 Code, in accordance with the provisions of that section, 

7 but without regard to whether the position of the United 

8 States was substantially justified or special circumstances 

9 make an award unjust. Any appeal of a determination of 

10 fees pursuant to subsection (a) of this subsection shall be 

11 determined without regard to whether the position of the 

12 United States was substantially justified or special cir13 cumstances make an award unjust. 

14 ‘‘(c) APPLICABILITY.—

15 ‘‘(1) COMMISSION PROCEEDINGS.—Subsection 

16 (a) of this section applies to proceedings commenced 

17 on or after the date of enactment of this Act. 

18 ‘‘(2) COURT PROCEEDINGS.—Subsection (b) of 

19 this section applies to proceedings for judicial review 

20 commenced on or after the date of enactment of this 

21 Act.’’.

Æ