109 HR 739 RH: Occupational Safety and Health Small Business Day in Court Act of 2005 U.S. House of Representatives 2005-04-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 26 109th CONGRESS 1st Session H. R. 739 [Report No. 109–46] 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. Fortuño, 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.

1.

Short title

This Act may be cited as the Occupational Safety and Health Small Business Day in Court Act of 2005.

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).

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.

April 18, 2005 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed