108TH CONGRESS
2D SESSION
H. R. 2728
AN ACT
To amend the Occupational Safety and Health Act
of 1970 to provide for adjudicative flexibility with
regard to an employer filing of a notice of contest
following the issuance of a citation by the Occu-
pational Safety and Health Administration; to
provide for greater efficiency at the Occupational
Safety and Health Review Commission; to pro-
vide for an independent review of citations issued
by the Occupational Safety and Health Adminis-
tration; 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; and to amend the Paperwork Re-
duction Act and titles 5 and 31, United States
Code, to reform Federal paperwork and regu-
latory processes.
108TH CONGRESS
2D SESSION
H. R. 2728
AN ACT
To amend the Occupational Safety and Health Act of 1970
to provide for adjudicative flexibility with regard to an
employer filing of a notice of contest following the
issuance of a citation by the Occupational Safety and
Health Administration; to provide for greater efficiency
at the Occupational Safety and Health Review Commis-
sion; to provide for an independent review of citations
issued by the Occupational Safety and Health Adminis-
tration; to provide for the award of attorney’s fees and
costs to very small employers when they prevail in litiga-
tion prompted by the issuance of citations by the Occu-
pational Safety and Health Administration; and to
amend the Paperwork Reduction Act and titles 5 and
31, United States Code, to reform Federal paperwork
and regulatory processes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I—OCCUPATIONAL SAFETY AND HEALTH SMALL
BUSINESS DAY IN COURT ACT
Sec. 101. Short title.
Sec. 102. Contesting citations under the Occupational Safety and Health Act.
TITLE II—OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION EFFICIENCY ACT
Sec. 201. Short title.
Sec. 202. Occupational Safety and Health Review Commission.
TITLE III—OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT
REVIEW OF OSHA CITATIONS ACT
Sec. 301. Short title.
Sec. 302. Independent review.
TITLE IV—OCCUPATIONAL SAFETY AND HEALTH SMALL
EMPLOYER ACCESS TO JUSTICE ACT
Sec. 401. Short title.
Sec. 402. Award of attorney’s fees and costs.
TITLE V—PAPERWORK AND REGULATORY IMPROVEMENTS ACT
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Reduction of tax paperwork.
Sec. 504. Repeal of exemptions from Paperwork Reduction Act, etc.
Sec. 505. Amendment of Truth in Regulating Act to make permanent pilot
project for report on rules.
Sec. 506. Improved regulatory accounting.
TITLE I—OCCUPATIONAL SAFE-
TY AND HEALTH SMALL BUSI-
NESS DAY IN COURT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Occupational Safety
and Health Small Business Day in Court Act of 2004’’.
SEC. 102. CONTESTING CITATIONS UNDER THE OCCUPA-
TIONAL SAFETY AND HEALTH ACT.
(a) CITATION.—The second sentence of section 10(a)
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659(a)) is amended by inserting ‘‘(unless such fail-
ure results from mistake, inadvertence, surprise, or excus-
able neglect)’’ after ‘‘assessment of penalty’’.
(b) FAILURE TO CORRECT.—The second sentence of
section 10(b) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 659(b)) is amended by inserting ‘‘(un-
less such failure results from mistake, inadvertence, sur-
prise, or excusable neglect)’’ after ‘‘assessment of pen-
alty’’.
TITLE II—OCCUPATIONAL SAFE-
TY 
AND 
HEALTH 
REVIEW
COMMISSION 
EFFICIENCY
ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Occupational Safety
and Health Review Commission Efficiency Act of 2004’’.
SEC. 202. OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION.
(a) AMENDMENTS.—Section 12 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 661) is amend-
ed as follows:
(1) In subsection (a), by striking the word
‘‘three’’ and inserting in lieu thereof, the word
‘‘five’’ and by inserting the word ‘‘legal’’ before the
word ‘‘training’’.
(2) In subsection (b) by striking all after the
words ‘‘except that’’ and inserting in lieu thereof:
‘‘the President may extend the term of a member for
no more than 365 consecutive days to allow a con-
tinuation in service at the pleasure of the President
after the expiration of that member’s term until a
successor nominated by the President has been con-
firmed to serve. Any vacancy caused by the death,
resignation, or removal of a member before the expi-
ration of a term, for which he or she was appointed
shall be filled only for the remainder of such expired
term. A member of the Commission may be removed
by the President for inefficiency, neglect of duty, or
malfeasance in office.’’.
(3) In subsection (f), by striking ‘‘two’’ the first
place it appears and inserting ‘‘three’’.
(b) NEW POSITIONS.—Of the three vacancies for
membership on the Commission created by this section,
one shall be filled by the President for a term expiring
on April 27, 2006, and the other shall be filled by the
President for a term expiring on April 27, 2008.