[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Reported in House (RH)]






                                                 Union Calendar No. 276
108th CONGRESS
  2d Session
                                H. R. 2728

                          [Report No. 108-487]

To amend the Occupational Safety and Health Act of 1970 to provide for 
adjudicative flexibility with regard to an employer filing of a notice 
  of contest following the issuance of a citation by the Occupational 
                   Safety and Health Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

 Mr. Norwood introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

                              May 13, 2004

  Additional sponsors: Mr. Boehner, Mrs. Biggert, Mr. Ballenger, Mr. 
   Hoekstra, Mr. Keller, Mr. Kline, Mrs. Blackburn, Mr. Isakson, Mr. 
    Manzullo, Mr. Schrock, Mr. Akin, Mr. Gerlach, Mr. Chocola, Mrs. 
   Musgrave, Mr. Toomey, Mr. Beauprez, Mr. Shimkus, Mr. DeMint, Mr. 
 Sullivan, Mr. Franks of Arizona, Mr. Sam Johnson of Texas, Mr. Wilson 
of South Carolina, Mr. McKeon, Mr. Paul, Mr. Otter, and Mr. Barrett of 
                             South Carolina

                              May 13, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Occupational Safety and Health Act of 1970 to provide for 
adjudicative flexibility with regard to an employer filing of a notice 
  of contest following the issuance of a citation by the Occupational 
                   Safety and Health Administration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health Small 
Business Day in Court Act of <DELETED>2003</DELETED> 2004''.

SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH 
              ACT.

    (a) Citation.--The second sentence of section 10(a) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is 
amended by inserting ``(unless such failure results from mistake, 
inadvertence, surprise, or excusable neglect)'' after ``assessment of 
penalty''.
    (b) Failure to Correct.--The second sentence of section 10(b) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is 
amended by inserting ``(unless such failure results from mistake, 
inadvertence, surprise, or excusable neglect)'' after ``assessment of 
penalty''.




                                                 Union Calendar No. 276

108th CONGRESS

  2d Session

                               H. R. 2728

                          [Report No. 108-487]

_______________________________________________________________________

                                 A BILL

To amend the Occupational Safety and Health Act of 1970 to provide for 
adjudicative flexibility with regard to an employer filing of a notice 
  of contest following the issuance of a citation by the Occupational 
                   Safety and Health Administration.

_______________________________________________________________________

                              May 13, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed