[Congressional Record Volume 149, Number 104 (Tuesday, July 15, 2003)]
[Extensions of Remarks]
[Page E1483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF LEGISLATION TO REFORM THE OCCUPATIONAL SAFETY AND 
       HEALTH ACT: H.R. 2728, H.R. 2729, H.R. 2730, and H.R. 2731

                                 ______
                                 

                          HON. CHARLIE NORWOOD

                               of georgia

                    in the house of representatives

                         Tuesday, July 15, 2003

  Mr. NORWOOD. Mr. Speaker, I rise today to introduce four legislative 
proposals which were each formerly included in H.R. 1583, the 
``Occupational Safety and Health Fairness Act of 2003.''
  As was true of H.R. 1583 in its entirety, the goal of each of these 
individual proposals is to address a unique situation in our law where 
employers, and especially small employers, are denied fundamental 
fairness 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 issue.
  Specifically, the ``Occupational Safety and Health Small Business Day 
in Court Act'' gives the Occupational Safety and Health Review 
Commission (OSHRC) additional flexibility to make exceptions to the 
arbitrary 15-day deadline for employers to file responses to OSHA 
citations when a small business inadvertently misses the deadline by 
mistake. The ``Occupational Safety and Health Review Commission 
Efficiency Act'' increases the membership of the OSHRC from three to 
five members to ensure that cases are reviewed in a timely fashion. The 
``Occupational Safety and Health Small Employer Access to Justice Act'' 
permits the award of attorney's fees and costs to small business owners 
that prevail in court when contesting OSHA citations to ensure that the 
agency doesn't waste taxpayer resources on fruitless cases. And, the 
``Occupational Safety and Health Independent Review of Citations Act'' 
restores independent review of citations issued by OSHA by clarifying 
that the OSHRC is an independent judicial entity that is given 
deference by courts reviewing OSHA issues.
  With this in mind, Mr. Speaker, the Workforce Protections 
Subcommittee has conducted a hearing on the provisions contained in 
H.R. 1583, and we firmly believe that a record has been produced that 
very strongly supports the four individual proposals I introduce today. 
I have withheld the introduction of several provisions formerly 
contained in H.R. 1583 because unlike the four proposals I introduce 
today, I believe further research and discussion would be helpful in 
determining how to improve these proposals. I invite all Members and 
especially the Minority Members of this Congress to join in these 
discussions and help small business achieve the fairness they deserve.
  But again, Mr. Speaker, the proposals I introduce today have 
withstood the inquiry of hearing, and I believe, stand ready for mark-
up in their current form. Each 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, 
each of these proposals lends itself to bipartisan support, and I ask 
each of my colleagues on both sides to seriously consider such support.

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