[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 739 Reported in House (RH)]






                                                  Union Calendar No. 26
109th CONGRESS
  1st Session
                                H. R. 739

                          [Report No. 109-46]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2005

 Mr. Norwood (for himself, Mr. Boehner, Mr. Sam Johnson of Texas, Mr. 
   McKeon, Mr. Ehlers, Mrs. Biggert, Mr. Keller, Mr. Wilson of South 
   Carolina, Mr. Kline, Mr. Paul, and Mr. Neugebauer) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

                             April 18, 2005

Additional sponsors: Mr. Fortuno, Mrs. Drake, Mr. Pitts, Mr. Hall, Mr. 
   Price of Georgia, Mr. Marchant, Mr. Sullivan, Mrs. Musgrave, Mr. 
Boustany, Mr. Barrett of South Carolina, Mr. Souder, Ms. Foxx, and Mr. 
                            Kuhl of New York

                             April 18, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
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.

    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 2005''.

SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH 
              ACT OF 1970.

    Section 10 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659) is amended--
            (1) in the second sentence of subsection (a), by inserting 
        after ``assessment of penalty'' the following: ``(unless such 
        failure results from mistake, inadvertence, surprise, or 
        excusable neglect)''; and
            (2) in the second sentence of subsection (b), by inserting 
        after ``assessment of penalty'' the following: ``(unless such 
        failure results from mistake, inadvertence, surprise, or 
        excusable neglect)''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply to a citation or 
proposed assessment of penalty issued by the Occupational Safety and 
Health Administration that is issued on or after the date of the 
enactment of this Act.




                                                  Union Calendar No. 26

109th CONGRESS

  1st Session

                               H. R. 739

                          [Report No. 109-46]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                             April 18, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed