Occupational Safety and Health Small Employer Access to Justice Act of 2005

Bill: 109-hr-742
Sponsor: Rep. Norwood, Charles W. [R-GA-9]
Introduced: 2005-02-10 in the House
Policy area: Labor and Employment
Subjects: Administrative remedies
Civil actions and liability
Commerce
Government Operations and Politics
Judicial review
Law
Legal fees
Occupational Safety and Health Review Commission
Occupational health and safety
Small business

Summary:
action_date: 2005-02-10
text: 
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.

action_date: 2005-04-27
text: 

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

 
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.

action_date: 2005-05-20
text: 

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

 
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.

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 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: 2005-07-12
text: Pursuant to the provisions of H. Res. 351, H.R. 742 is laid on the table.
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: 235 - 187 (Roll no. 372). (text: CR H5698-5699)
action_date: 2005-07-12
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 235 - 187 (Roll no. 372).(text: CR H5698-5699)
action_date: 2005-07-12
text: Considered as unfinished business. (consideration: CR H5708-5709)
action_date: 2005-07-12
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 742, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Owens 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 H5706)
action_date: 2005-07-12
text: DEBATE - The House proceeded with one hour of debate on H.R. 742.
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 H5698-5706)
action_date: 2005-07-12
text: Rule H. Res. 351 passed House.
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: 2005-05-20
text: Placed on the Union Calendar, Calendar No. 46.
action_date: 2005-05-20
text: Reported by the Committee on Judiciary. H. Rept. 109-61, Part II.
action_date: 2005-05-20
text: Reported by the Committee on Judiciary. H. Rept. 109-61, Part II.
action_date: 2005-05-18
text: Ordered to be Reported by the Yeas and Nays: 18 - 11.
action_date: 2005-05-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-05-06
text: House Committee on Judiciary Granted an extension for further consideration ending not later than May 20, 2005.
action_date: 2005-04-27
text: Referred sequentially to the House Committee on the Judiciary for a period ending not later than May 6, 2005 for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.
action_date: 2005-04-27
text: Reported by the Committee on 109-61, Part I.
action_date: 2005-04-27
text: Reported by the Committee on 109-61, Part I.
action_date: 2005-04-13
text: Ordered to be Reported by the Yeas and Nays: 27 - 18.
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