Occupational Safety and Health Small Business Day in Court Act of 2005

Bill: 109-hr-739
Sponsor: Rep. Norwood, Charles W. [R-GA-9]
Introduced: 2005-02-10 in the House
Policy area: Labor and Employment
Subjects: Administrative remedies
Advice and consent of the Senate
Civil actions and liability
Commerce
Congress
Department of Labor
Education
Employers' liability
Executive reorganization
Federal officials
Fines (Penalties)
Government Operations and Politics
Government paperwork
Health
Higher education
Judicial review
Law
Legal education
Legal fees
Occupational Safety and Health Review Commission
Occupational health and safety
Presidential appointments
Small business
Term limits

Summary:
action_date: 2005-02-10
text: 
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.

action_date: 2005-04-18
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.

action_date: 2005-07-12
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.

action_date: 2005-07-12
text: 

(Pursuant to H.Res. 351, the engrossed version of H.R. 739 sent to the Senate contains the texts of H.R. 739, H.R. 740, H.R. 741, and H.R. 742 as passed by the House on July 12, 2005.)

 

Title I: Occupational Safety and Health Small Business Day in Court Act of 2005 - 
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.
 

Title II: Occupational Safety and Health Review Commission Efficiency Act of 2005 - 
Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five.
 
Includes an individual's legal training among possible qualifications for OSHRC membership.
 
Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate.
 

Title III: Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - 
Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise requirements for judicial review of orders by the Occupational Safety and Health Review Commission (OSHRC), which is the agency for independent review of citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act.
 
Requires deference to be given to reasonable conclusions of OSHRC (rather than OSHA) with respect to all questions of law that are subject to agency deference under governing court precedent.
 

Title IV: Occupational Safety and Health Small Employer Access to Justice Act of 2005 - 
Occupational Safety and Health Small Employer Access to Justice Act of 2005 - 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: 2005-07-13
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2005-07-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-07-12
text: On passage Passed by the Yeas and Nays: 256 - 164 (Roll no. 369). (text: CR H5677)
action_date: 2005-07-12
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 256 - 164 (Roll no. 369).(text: CR H5677)
action_date: 2005-07-12
text: Considered as unfinished business. (consideration: CR H5706-5707)
action_date: 2005-07-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 739, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Boehner demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the bill until later in the legislative day.
action_date: 2005-07-12
text: The previous question was ordered pursuant to the rule. (consideration: CR H5686)
action_date: 2005-07-12
text: DEBATE - The House proceeded with one hour of debate on H.R. 739.
action_date: 2005-07-12
text: Rule provides for consideration of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The rule provides for separate consideration in the House of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. The rule provides one hour of general debate for each bill, equally divided and controlled. The amendments in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in H.R. 740 and H.R. 741, shall be considered as adopted. Measure will be considered read. Bill is closed to amendments. In the engrossment of H.R. 739, the Clerk shall add the texts of H.R. 740, H.R. 741, and H.R. 742, as passed by the House, as new matter at the end of H.R. 739, and then lay on the table H.R. 740, H.R. 741, and H.R. 742. If H.R. 739 is disposed of without reaching the stage of engrossment...
action_date: 2005-07-12
text: Considered under the provisions of rule H. Res. 351. (consideration: CR H5677-5686)
action_date: 2005-07-11
text: Rules Committee Resolution H. Res. 351 Reported to House. Rule provides for consideration of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The rule provides for separate consideration in the House of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. The rule provides one hour of general debate for each bill, equally divided and controlled. The amendments in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in H.R. 740 and H.R. 741, shall be considered as adopted. Measure will be considered read. Bill is closed to amendments. In the engrossment of H.R. 739, the Clerk shall add the texts of H.R. 740, H.R. 741, and H.R. 742, as passed by the House, as new matter at the end of H.R. 739, and then lay on the table H.R. 740, H.R. 741, and H.R. 742. If H.R. 739 is disposed of without reaching the stage of engrossment...
action_date: 2005-04-18
text: Placed on the Union Calendar, Calendar No. 26.
action_date: 2005-04-18
text: Reported by the Committee on Education and the Workforce. H. Rept. 109-46.
action_date: 2005-04-18
text: Reported by the Committee on Education and the Workforce. H. Rept. 109-46.
action_date: 2005-04-13
text: Ordered to be Reported by the Yeas and Nays: 27 - 19.
action_date: 2005-04-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-02-10
text: Referred to the House Committee on Education and the Workforce.
action_date: 2005-02-10
text: Introduced in House
action_date: 2005-02-10
text: Introduced in House