To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorney's fees and costs to very small employers when they prevail in litigation prompted by the issuance of citations by the Occupational Safety and Health Administration.
Occupational Safety and Health Small Employer Access to Justice Act of 2004 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.
Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action).
Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 535.
Referred to the Subcommittee on Workforce Protections.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 20.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 108-489, Part I.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 108-489, Part I.
Referred sequentially to the House Committee on the Judiciary for a period ending not later than May 17, 2004 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Placed on the Union Calendar, Calendar No. 284.
Rules Committee Resolution H. Res. 645 Reported to House. Rule provides for consideration of H.R. 2728, H.R. 2729, H.R. 2730, H.R. 2731 and H.R. 2432.
Considered under the provisions of rule H. Res. 645. (consideration: CR H3132-3140; text of measure as reported in House: CR H3132-3133)
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Rule provides for consideration of H.R. 2728, H.R. 2729, H.R. 2730, H.R. 2731 and H.R. 2432.
DEBATE - The House proceeded with one hour of debate on H.R. 2731.
The previous question was ordered pursuant to the rule. (consideration: CR H3160)
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2731, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Norwood demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the bill until later in the day.
Considered as unfinished business. (consideration: CR H3160-3161)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 189).
Roll Call #189 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 189).
Roll Call #189 (House)Pursuant to the provisions of H. Res. 645, H.R. 2731 is laid on the table.