[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Extensions of Remarks]
[Pages E2234-E2235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF LEGISLATION TO IMPLEMENT REDUCTION IN PENALTIES FOR 
                            SMALL BUSINESSES

                                 ______
                                 

                          HON. CASS BALLENGER

                           of north carolina

                    in the house of representatives

                        Friday, November 7, 1997

  Mr. BALLENGER. Mr. Speaker, today I am introducing legislation to 
implement one of President Clinton's promises to small business: a 
reduction in OSHA penalties for small businesses.
  On April 21, 1995, President Clinton issued a directive to Federal 
agencies, including OSHA, to adopt penalty relief for small businesses. 
Specifically, the directive instructed agencies to reduce penalties by 
up to 100 percent if the small business corrected the violation within 
the specified time, or applied the amount of the penalty against the 
cost of abatement of the violation.
  Since then, OSHA has studied and re-studied how such a directive 
might be implemented. It has even tried to use the President's 
directive to reduce penalties as an excuse to increase OSHA penalties 
on some employers. In the end, however, OSHA has never adopted the 
President's directive and given small businesses the penalty relief 
promised.
  My legislation follows the President's directive nearly verbatim. 
Under the bill, penalties would be waived in whole or in part, if the 
employer corrects the violation within a reasonable time, or to the 
extent that the employer applies them to the cost of abatement. The 
waiver of penalties applies where the employer has shown good faith in 
attempting to comply with health and safety requirements and the 
violation is not a significant threat to employees' health or safety. I 
invite my colleagues to support this penalty reduction for small 
business.

[[Page E2235]]



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