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. 
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 ‘‘OSHA and Employer 
Cooperation Act of 2004’’. 
SEC. 2. ENFORCEMENT OF THE OCCUPATIONAL SAFETY 
AND HEALTH ACT OF 1970. 
(a) TIME PERIODS FOR ISSUING CITATIONS.—Sec-
tion 9 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 658) is amended by striking ‘‘with reasonable
promptness’’ and inserting ‘‘within thirty working days’’. 
Section 10 of such Act (29 U.S.C. 659) is amended by 
striking ‘‘within a reasonable time’’ and inserting ‘‘within 
thirty days’’. 
(b) TIME PERIODS FOR CONTESTING CITATIONS.— 
Section 10 of such Act (29 U.S.C. 659) is amended by 
striking ‘‘fifteen’’ each place it appears and inserting 
‘‘thirty’’. 
(c) RIGHT TO CORRECT VIOLATIVE CONDITION.— 
Section 9 of such Act (29 U.S.C. 658) is amended by add-
ing at the end the following: 
‘‘(d) The Secretary may not assess a penalty under 
section 17 in connection with the initial issuance of a cita-
tion, with the exception of willful violations, if the em-
ployer corrects the violative condition and provides the 
Secretary an abatement certification within 72 hours.’’. 
(d) MULTIEMPLOYER WORKSITES.—Section 9 of 
such Act (29 U.S.C. 658) is amended by adding at the 
end the following: 
‘‘(e) On multiemployer work sites, the Secretary may 
only cite the employer whose employees were exposed to 
a condition which is in violation of a requirement of any 
standard, rule or order promulgated pursuant to section 
6 of this Act, or of any regulations prescribed pursuant 
to this Act.’’.
(e) PENALTIES.—Section 17 of such Act (29 U.S.C. 
666) is amended by inserting the following: 
‘‘(m) The Secretary shall not use ‘other than serious’ 
citations as a basis for issuing subsequent, repeat or will-
ful citations.’’. 
(f) WRITTEN
STATEMENT
TO
EMPLOYER
FOL-
LOWING INSPECTION.—Section 8 of such Act (29 U.S.C. 
657) is amended by adding at the end the following: 
‘‘(i) At the closing conference after the completion of 
an inspection, the inspector shall provide the employer or 
a representative of the employer with a written statement 
that clearly and concisely provides the following informa-
tion: 
‘‘(1) The results of the inspection, including 
each alleged hazard, if any, and each citation that 
will be issued, if any. 
‘‘(2) The right of the employer to contest a ci-
tation, a penalty assessment, an amended citation, 
and an amended penalty assessment. 
‘‘(3) An explanation of the procedure to follow 
in order to contest a citation, a penalty assessment, 
an amended citation, and an amended penalty as-
sessment, including when and where to contest a ci-
tation and the required contents of the notice of in-
tent to contest.
‘‘(4) The Secretary’s responsibility to affirm, 
amend, or dismiss the citation and penalty assess-
ment, if any. 
‘‘(5) The informal review process. 
‘‘(6) The procedures before the Occupational 
Safety and Health Review Commission. 
‘‘(7) The right of the employer to seek judicial 
review. 
‘‘(j) The written statement required under this sec-
tion must be presented to the employer or the employer’s 
representative at the closing conference after the comple-
tion of the inspection.’’. 
Æ