[Congressional Record Volume 151, Number 99 (Wednesday, July 20, 2005)]
[Extensions of Remarks]
[Page E1556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 739, OCCUPATIONAL SAFETY AND HEALTH 
SMALL BUSINESS DAY IN COURT ACT OF 2005; H.R. 740, OCCUPATIONAL SAFETY 
    AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2005; H.R. 741, 
OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT 
OF 2005; H.R. 742, OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER ACCESS 
                         TO JUSTICE ACT OF 2005

                                 ______
                                 

                               speech of

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                         Tuesday, July 12, 2005

  Ms. McCOLLUM of Minnesota. Mr. Speaker, I rise in strong opposition 
to H.R. 739, H.R. 740, H.R. 741, and H.R. 742.
  Today, America's workers need the protections provided under the 
Occupational Safety and Health Act more than ever. Each year, 6,000 
workers die in workplace-related accidents, and 50,000-60,000 people 
die from illnesses caused by their jobs. The protections in OSHA ensure 
what our Nation's workforce has fought for and deserves--a safe and 
healthy workplace.
  Instead of strengthening these worker protections, the bills before 
us today are an attack on the very intent of these important 
safeguards.
  The first bill, H.R. 739, excuses employers that fail to respond to 
OSHA citations within the 15-day deadline. The Occupational Safety and 
Health Review Commission (OSHRC) already has the authority to review 
missed deadlines on a case-by-case basis. This change removes the 
incentive for employers to quickly respond to hazards. Meanwhile, the 
safety and health of workers hang in the balance.
  H.R. 740 seeks to expand OSHRC to five members and require that all 
members be lawyers. Since the Comnission was established in 1970, it 
has been composed of three members and has benefited from the expertise 
of those not holding law degrees. This change inaccurately reflects the 
workload and responsibilities of OSHRC and unfairly excludes the 
contributions of members with strong backgrounds in safety and health.
  H.R. 741 transfers the authority to bring cases to the Court of 
Appeals and the Supreme Court from the Secretary of Labor to OSHRC. 
This modification overturns a 1991 Supreme Court decision and 
undermines the Secretary's responsibility to enforce OSHA policies.
  The biggest blow delivered by H.R. 742 requires OSHA to pay 
attorney's fees for every case it does not win, regardless of why the 
case lost or how well-justified it was. This places the burden of these 
cases squarely on the taxpayer and leaves America's workforce more 
vulnerable than ever.
  The substitute amendment offered by Congressman George Miller to 
raise the minimum wage has my full support. It is unacceptable that 
employees working 40 hours a week, 52 weeks a year, for minimum wage 
earn only $10,700 a year--$3,400 below the poverty line for a family of 
three. American full-time, full-year workers should not be forced to 
raise their families in poverty. It is unfortunate that this amendment 
was not made in order by the Republican leadership, as this raise would 
have benefited over 11 million American workers and their families.
  The hard-working men and women of this country deserve to be 
protected and safe in the workplace, Mr. Speaker. That is why I urge my 
colleagues to vote against these ill-conceived bills.

                          ____________________