Occupational Safety and Health Small Employer Access to Justice Act of 2005
Latest action · Jul 12, 2005 Pursuant to the provisions of H. Res. 351, H.R. 742 is laid on the table.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 10, 2005
- Passed HouseJul 12, 2005
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(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.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 372 | On Passage | Passed235–187 | Jul 12, 2005 |
Cosponsors 23
Members who signed on, in the order they did. Signatures ran from Feb 10, 2005 to Apr 18, 2005; 10 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-CA | Howard P. "Buck" McKeon | Original | Feb 10, 2005 |
| R-SC | Joe Wilson | Original | Feb 10, 2005 |
| R-OH | John A. Boehner | Original | Feb 10, 2005 |
| R-MN | John Kline | Original | Feb 10, 2005 |
| R-IL | Judy Biggert | Original | Feb 10, 2005 |
| R-TX | Randy Neugebauer | Original | Feb 10, 2005 |
| R-FL | Ric Keller | Original | Feb 10, 2005 |
| R-TX | Ron Paul | Original | Feb 10, 2005 |
| R-TX | Sam Johnson | Original | Feb 10, 2005 |
| R-MI | Vernon J. Ehlers | Original | Feb 10, 2005 |
| R-PA | Joseph R. Pitts | Mar 8, 2005 | |
| R-PR | Luis G. Fortuno | Mar 8, 2005 | |
| R-TX | Ralph M. Hall | Mar 8, 2005 | |
| R-VA | Thelma D. Drake | Mar 8, 2005 | |
| R-TX | Kenny Marchant | Mar 10, 2005 | |
| R-OK | John Sullivan | Mar 15, 2005 | |
| R-LA | Charles W. Boustany, Jr. | Mar 16, 2005 | |
| R-CO | Marilyn N. Musgrave | Mar 16, 2005 | |
| R-GA | Tom Price | Apr 5, 2005 | |
| R-SC | J. Gresham Barrett | Apr 6, 2005 | |
| R-NY | John R. "Randy" Kuhl Jr. | Apr 18, 2005 | |
| R-IN | Mark E. Souder | Apr 18, 2005 | |
| R-NC | Virginia Foxx | Apr 18, 2005 |
Withdrew 1 David E. Price D-NC Apr 6, 2005
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Feb 10, 2005Markup Apr 13, 2005Reported Apr 28, 2005 |
| House | Judiciary Committee | Referred Apr 28, 2005Markup May 18, 2005Reported May 20, 2005 |
Actions 22
Everything that happened, newest first.
- Jul 12, 2005Rule H. Res. 351 passed House.
- Jul 12, 2005Considered under the provisions of rule H. Res. 351. (consideration: CR H5698-5706)
- Jul 12, 2005Rule 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, 2005DEBATE - The House proceeded with one hour of debate on H.R. 742.
- Jul 12, 2005The previous question was ordered pursuant to the rule. (consideration: CR H5706)
In the Congressional Record 2
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 4
- May 19, 2005H.R. 742, Occupational Safety and Health Small Employer Access to Justice Act of 2005<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 18, 2005</p>
- May 19, 2005H.R. 742, Occupational Safety and Health Small Employer Access to Justice Act of 2005Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 18, 2005
- Apr 15, 2005H.R. 742, Occupational Safety and Health Small Employer Access to Justice Act of 2005<p>Cost estimate for the bill as ordered reported by the House Committee on Education and the Workforce on April 13, 2005</p>
- Apr 15, 2005H.R. 742, Occupational Safety and Health Small Employer Access to Justice Act of 2005Cost estimate for the bill as ordered reported by the House Committee on Education and the Workforce on April 13, 2005
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 109-133 | OSHA AND SMALL BUSINESS: IMPROVING THE RELATIONSHIP FOR WORKERS50 pages | Health, Education, Labor, and Pensions Committee | May 10, 2005 |
Related bills 4
Companion bills and other measures the record links to this one.
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Occupational Safety and Health Act of 1970 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.
- Short Titles as Introduced
- Occupational Safety and Health Small Employer Access to Justice Act of 2005
- Short Titles as Reported to House
- Occupational Safety and Health Small Employer Access to Justice Act of 2005
- Short Titles as Passed House
- Occupational Safety and Health Small Employer Access to Justice Act of 2005
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
Text 2
Each version as it was printed, newest first.
- May 20, 2005Reported in House
- Feb 10, 2005Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.