[Congressional Record Volume 149, Number 54 (Thursday, April 3, 2003)]
[Extensions of Remarks]
[Page E665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        THE OCCUPATIONAL SAFETY AND HEALTH FAIRNESS ACT OF 2003

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                          HON. CHARLIE NORWOOD

                               of georgia

                    in the house of representatives

                        Thursday, April 3, 2003

  Mr. NORWOOD. Mr. Speaker, I rise today with the support of several of 
my colleagues on the Workforce Protections Subcommittee to introduce 
legislation designed to correct matters of fundamental unfairness in 
the area of workplace safety and health. Our goal is to address 
situations where employers, and especially small employers, are being 
denied fundamental fairness and/or equitable results in their efforts 
to defend themselves against citations issued by the Occupational 
Safety and Health Administration, OSHA, for alleged violations with 
which, in good faith, they take genuine issue.
  This matter of fundamental fairness is achieved through several key 
amendments to the Occupational Safety and Health Act of 1970. This 
proposal targets only those situations when an employer must defend 
against heavy-handed or arbitrary enforcement of health and safety 
laws. This measure is especially targeted to help small employers who 
do not have the means to defend themselves against the substantial 
resources and formidable power of the Federal Government.
  With this in mind, Mr. Speaker, the amendments we propose are 
designed to level the playing field so that these employers are: (1) 
Not deprived of their day in court due to legal technicalities; (2) not 
forced into settlement when they believe OSHA is wrong, just because it 
is the most cost-effective option available; (3) aware of the legal 
standards under which they will be judged; and (4) extended legal 
consideration for their unique situations and good-faith efforts to 
comply with the law.
  Each reform in this proposed legislation is designed to make what I 
believe is a narrow, precise, and sensible adjustment for an omission 
regrettably not caught by Congress at the time of original passage of 
the Occupational Safety and Health Act of 1970. In my mind, Mr. 
Speaker, all of the provisions in this legislation lend themselves to 
bipartisan support, and I ask each of my colleagues to support this 
proposal.

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