Occupational Safety and Health Small Employer Access to Justice Act of 2004

Bill: 108-hr-2731
Sponsor: Rep. Norwood, Charles W. [R-GA-9]
Introduced: 2003-07-15 in the House
Policy area: Labor and Employment
Subjects: Administrative remedies
Commerce
Fines (Penalties)
Government Operations and Politics
Health
Judicial review
Law
Legal fees
Occupational Safety and Health Review Commission
Occupational health and safety
Small business

Summary:
action_date: 2003-07-15
text: 
Occupational Safety and Health Small Employer Access to Justice Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.
 
Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $1.5 million at the respective time of: (1) the initiation of the administrative proceedings (adversary adjudication); or (2) the filing of the action addressed in the court proceedings (judicial review of action).
 
Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.

action_date: 2004-05-13
text: 
Occupational Safety and Health Small Employer Access to Justice Act of 2004 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.
 
Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action).
 
Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.

action_date: 2004-05-18
text: 
Occupational Safety and Health Small Employer Access to Justice Act of 2004 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.
 
Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action).
 
Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.


Legislative actions:
action_date: 2004-05-18
text: Pursuant to the provisions of H. Res. 645, H.R. 2731 is laid on the table.
action_date: 2004-05-18
text: On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 189).
action_date: 2004-05-18
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-05-18
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 189).
action_date: 2004-05-18
text: Considered as unfinished business. (consideration: CR H3160-3161)
action_date: 2004-05-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2731, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Norwood demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the bill until later in the day.
action_date: 2004-05-18
text: The previous question was ordered pursuant to the rule. (consideration: CR H3160)
action_date: 2004-05-18
text: DEBATE - The House proceeded with one hour of debate on H.R. 2731.
action_date: 2004-05-18
text: Rule provides for consideration of H.R. 2728, H.R. 2729, H.R. 2730, H.R. 2731 and H.R. 2432.
action_date: 2004-05-18
text: Considered under the provisions of rule H. Res. 645. (consideration: CR H3132-3140; text of measure as reported in House: CR H3132-3133)
action_date: 2004-05-17
text: Rules Committee Resolution H. Res. 645 Reported to House. Rule provides for consideration of H.R. 2728, H.R. 2729, H.R. 2730, H.R. 2731 and H.R. 2432.
action_date: 2004-05-17
text: Placed on the Union Calendar, Calendar No. 284.
action_date: 2004-05-17
text: Committee on Judiciary discharged.
action_date: 2004-05-17
text: Committee on Judiciary discharged.
action_date: 2004-05-13
text: Referred sequentially to the House 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.
action_date: 2004-05-13
text: Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 108-489, Part I.
action_date: 2004-05-13
text: Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 108-489, Part I.
action_date: 2004-05-05
text: Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 20.
action_date: 2004-05-05
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-08-13
text: Referred to the Subcommittee on Workforce Protections.
action_date: 2003-07-15
text: Referred to the House Committee on Education and the Workforce.
action_date: 2003-07-15
text: Sponsor introductory remarks on measure. (CR E1483)
action_date: 2003-07-15
text: Introduced in House
action_date: 2003-07-15
text: Introduced in House