Congress 109 - HR 739 - To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative flexibility with regard to the filing of a notice of contest by an employer following the issuance of a citation or proposed assessment of a penalty by the Occupational Safety and Health Administration, to provide for greater efficiency at the Occupational Safety and Health Review Commission, to provide for judicial deference to conclusions of law determined by the Occupational Safety and Health Review Commission with respect to an order issued by the Commission, and to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.

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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 Labor and Employment Law Legal education Legal fees Occupational health and safety Occupational Safety and Health Review Commission Presidential appointments Small business Term limits

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Summary

(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.

Actions

Jul 13, 2005

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Jul 12, 2005

Motion to reconsider laid on the table Agreed to without objection.
Jul 12, 2005

On passage Passed by the Yeas and Nays: 256 - 164 (Roll no. 369). (text: CR H5677)
Jul 12, 2005

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 256 - 164 (Roll no. 369).(text: CR H5677)
Jul 12, 2005

Considered as unfinished business. (consideration: CR H5706-5707)
Jul 12, 2005

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.
Jul 12, 2005

The previous question was ordered pursuant to the rule. (consideration: CR H5686)
Jul 12, 2005

DEBATE - The House proceeded with one hour of debate on H.R. 739.
Jul 12, 2005

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...
Jul 12, 2005

Considered under the provisions of rule H. Res. 351. (consideration: CR H5677-5686)
Jul 11, 2005

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...
Apr 18, 2005

Placed on the Union Calendar, Calendar No. 26.
Apr 18, 2005

Reported by the Committee on Education and the Workforce. H. Rept. 109-46.
Apr 13, 2005

Ordered to be Reported by the Yeas and Nays: 27 - 19.
Apr 13, 2005

Committee Consideration and Mark-up Session Held.
Feb 10, 2005

Referred to the House Committee on Education and the Workforce.
Feb 10, 2005

Introduced in House

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