I 

108TH CONGRESS 

2D SESSION H. R. 4712 

To amend the Occupational Safety and Health Act of 1970 with respect 

to enforcement provisions. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2004 

Mr. TIAHRT (for himself, Mr. BALLENGER, Mr. NORWOOD, and Mr. WILSON

of South Carolina) 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 

with respect to enforcement provisions. 

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 ‘‘OSHA and Employer 

5 Cooperation Act of 2004’’. 

6 SEC. 2. ENFORCEMENT OF THE OCCUPATIONAL SAFETY 

7 AND HEALTH ACT OF 1970. 

8 (a) TIME PERIODS FOR ISSUING CITATIONS.—Sec9 tion 9 of the Occupational Safety and Health Act of 1970 

10 (29 U.S.C. 658) is amended by striking ‘‘with reasonable 
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1 promptness’’ and inserting ‘‘within thirty working days’’. 

2 Section 10 of such Act (29 U.S.C. 659) is amended by 

3 striking ‘‘within a reasonable time’’ and inserting ‘‘within 

4 thirty days’’. 

5 (b) TIME PERIODS FOR CONTESTING CITATIONS.— 

6 Section 10 of such Act (29 U.S.C. 659) is amended by 

7 striking ‘‘fifteen’’ each place it appears and inserting 

8 ‘‘thirty’’. 

9 (c) RIGHT TO CORRECT VIOLATIVE CONDITION.— 

10 Section 9 of such Act (29 U.S.C. 658) is amended by add11 ing at the end the following: 

12 ‘‘(d) The Secretary may not assess a penalty under 

13 section 17 in connection with the initial issuance of a cita14 tion, with the exception of willful violations, if the em15 ployer corrects the violative condition and provides the 

16 Secretary an abatement certification within 72 hours.’’. 

17 (d) MULTIEMPLOYER WORKSITES.—Section 9 of 

18 such Act (29 U.S.C. 658) is amended by adding at the 

19 end the following: 

20 ‘‘(e) On multiemployer work sites, the Secretary may 

21 only cite the employer whose employees were exposed to 

22 a condition which is in violation of a requirement of any 

23 standard, rule or order promulgated pursuant to section 

24 6 of this Act, or of any regulations prescribed pursuant 

25 to this Act.’’. 
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1 (e) PENALTIES.—Section 17 of such Act (29 U.S.C. 

2 666) is amended by inserting the following: 

3 ‘‘(m) The Secretary shall not use ‘other than serious’ 

4 citations as a basis for issuing subsequent, repeat or will5 ful citations.’’. 

6 (f) WRITTEN STATEMENT TO EMPLOYER FOL7 LOWING INSPECTION.—Section 8 of such Act (29 U.S.C. 

8 657) is amended by adding at the end the following: 

9 ‘‘(i) At the closing conference after the completion of 

10 an inspection, the inspector shall provide the employer or 

11 a representative of the employer with a written statement 

12 that clearly and concisely provides the following informa13 tion: 

14 ‘‘(1) The results of the inspection, including 

15 each alleged hazard, if any, and each citation that 

16 will be issued, if any. 

17 ‘‘(2) The right of the employer to contest a ci18 tation, a penalty assessment, an amended citation, 

19 and an amended penalty assessment. 

20 ‘‘(3) An explanation of the procedure to follow 

21 in order to contest a citation, a penalty assessment, 

22 an amended citation, and an amended penalty as23 sessment, including when and where to contest a ci24 tation and the required contents of the notice of in25 tent to contest. 
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1 ‘‘(4) The Secretary’s responsibility to affirm, 

2 amend, or dismiss the citation and penalty assess3 ment, if any. 

4 ‘‘(5) The informal review process. 

5 ‘‘(6) The procedures before the Occupational 

6 Safety and Health Review Commission. 

7 ‘‘(7) The right of the employer to seek judicial 

8 review. 

9 ‘‘(j) The written statement required under this sec10 tion must be presented to the employer or the employer’s 

11 representative at the closing conference after the comple12 tion of the inspection.’’. 

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