Congress 108 - HR 2731 - Occupational Safety and Health Small Employer Access to Justice Act of 2004

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Cosponsors

Topics

Administrative remedies Commerce Fines (Penalties) Government Operations and Politics Health Judicial review Labor and Employment Law Legal fees Occupational health and safety Occupational Safety and Health Review Commission Small business

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Summary

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.

Actions

May 18, 2004

Pursuant to the provisions of H. Res. 645, H.R. 2731 is laid on the table.
May 18, 2004

On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 189).
May 18, 2004

Motion to reconsider laid on the table Agreed to without objection.
May 18, 2004

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 189).
May 18, 2004

Considered as unfinished business. (consideration: CR H3160-3161)
May 18, 2004

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.
May 18, 2004

The previous question was ordered pursuant to the rule. (consideration: CR H3160)
May 18, 2004

DEBATE - The House proceeded with one hour of debate on H.R. 2731.
May 18, 2004

Rule provides for consideration of H.R. 2728, H.R. 2729, H.R. 2730, H.R. 2731 and H.R. 2432.
May 18, 2004

Considered under the provisions of rule H. Res. 645. (consideration: CR H3132-3140; text of measure as reported in House: CR H3132-3133)
May 17, 2004

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.
May 17, 2004

Placed on the Union Calendar, Calendar No. 284.
May 17, 2004

Committee on Judiciary discharged.
May 13, 2004

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.
May 13, 2004

Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 108-489, Part I.
May 5, 2004

Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 20.
May 5, 2004

Committee Consideration and Mark-up Session Held.
Aug 13, 2003

Referred to the Subcommittee on Workforce Protections.
Jul 15, 2003

Referred to the House Committee on Education and the Workforce.
Jul 15, 2003

Sponsor introductory remarks on measure. (CR E1483)
Jul 15, 2003

Introduced in House

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