IB 
108TH CONGRESS 
2D SESSION 
H. R. 2731 
[Report No. 108–489, Part I] 
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 
MAY 13, 2004 
Additional sponsors: Mr. BOEHNER, Mrs. BIGGERT, Mr. BALLENGER, Mr. 
HOEKSTRA, Mr. KELLER, Mr. KLINE, Mrs. BLACKBURN, Mr. ISAKSON, 
Mr. SCHROCK, Mr. AKIN, Mr. CHOCOLA, Mrs. MUSGRAVE, Mr. TOOMEY, 
Mr. BEAUPREZ, Mr. DEMINT, Mr. SULLIVAN, Mr. FRANKS of Arizona, 
Mr. SAM JOHNSON of Texas, Mr. WILSON of South Carolina, Mr. 
MCKEON, Mr. PAUL, Mr. OTTER, and Mr. BARRETT of South Carolina 
MAY 13, 2004 
Reported with an amendment and referred to the Committee on the Judiciary 
for a period ending not later than May 17, 2004, for consideration of 
such provisions of the bill and amendment as fall within the jurisdiction 
of that committee pursuant to clause 1(k), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
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.’’. 
SEC. 1. SHORT TITLE. 
This Act may be cited as the ‘‘Occupational Safety and 
Health Small Business Day in Court Act of 2004’’. 
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 sec-
tions 32 through 34 as sections 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 $7,000,000 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 without 
regard to whether the position of the Secretary was substan-
tially justified or special circumstances make an award un-
just. For purposes of this section the term ‘adversary adju-
dication’ 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 $7,000,000 at the time the ac-
tion 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 with-
out 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 pursu-
ant to subsection (a) of this subsection shall be determined 
without regard to whether the position of the United States 
was substantially justified or special circumstances 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 section.
‘‘(2) COURT
PROCEEDINGS.—Subsection (b) of 
this section applies to proceedings for judicial review 
commenced on or after the date of enactment of this 
section.’’. 
Æ