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 Occupa-
tional Safety and Health Administration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Occupational Safety 
and Health Small Employer Access to Justice Act of 
2003’’.
SEC. 2. AWARD OF ATTORNEY’S FEES AND COSTS. 
The Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 and following) is amended by redesignating 
section 32 through 34 as 33 through 35 and inserting the 
following new section after section 31: 
‘‘SEC. 32. AWARD OF ATTORNEYS’ FEES AND COSTS. 
‘‘(a) ADMINISTRATIVE PROCEEDINGS.—An employer 
who—
‘‘(1) is the prevailing party in any adversary 
adjudication instituted under this Act, and 
‘‘(2) had not more than 100 employees and a 
net worth of not more than $1,500,000 at the time 
of the adversary adjudication was initiated, 
shall be awarded fees and other expenses as a prevailing 
party under section 504 of title 5, United States Code, 
in accordance with the provisions of that section, but with-
out regard to whether the position of the Secretary was 
substantially justified or special circumstances make an 
award unjust. For purposes of this section the term ‘ad-
versary adjudication’ has the meaning given that term in 
section 504(b)(1)(C) of title 5, United States Code. 
‘‘(b) PROCEEDINGS.—An employer who—
‘‘(1) is the prevailing party in any proceeding 
for judicial review of any action instituted under this 
Act, and
‘‘(2) had not more than 100 employees and a 
net worth of not more than $1,500,000 at the time 
the action addressed under subsection (1) was filed, 
shall be awarded fees and other expenses as a prevailing 
party under section 2412(d) of title 28, United States 
Code, in accordance with the provisions of that section, 
but without regard to whether the position of the United 
States was substantially justified or special circumstances 
make an award unjust. Any appeal of a determination of 
fees pursuant to subsection (a) of this subsection shall be 
determined without regard to whether the position of the 
United States was substantially justified or special cir-
cumstances make an award unjust. 
‘‘(c) APPLICABILITY.—
‘‘(1) COMMISSION
PROCEEDINGS.—Subsection 
(a) of this section applies to proceedings commenced 
on or after the date of enactment of this Act. 
‘‘(2) COURT PROCEEDINGS.—Subsection (b) of 
this section applies to proceedings for judicial review 
commenced on or after the date of enactment of this 
Act.’’.
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