OSHA and Employer Cooperation Act of 2004

OSHA and Employer Cooperation Act of 2004 - Amends the Occupational Safety and Health Act of 1970 to revise certain enforcement provisions.

Sets periods of 30 workdays for: (1) issuing citations (currently with reasonable promptness or within a reasonable time); and (2) contesting citations (currently fifteen workdays).

Prohibits the Secretary of Labor from: (1) assessing certain penalties in connection with the initial issuance of a citation, with the exception of willful violations, if the employer corrects the condition in violation and provides an abatement certification within 72 hours; (2) citing on multiemployer worksites any but the employer whose employees were exposed to a condition in violation; or (3) using other than serious citations as a basis for issuing subsequent, repeat, or willful citations.

Requires inspectors, at closing conferences after completing inspections, to provide employers or their representatives with written statements providing specified information.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4712 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4712

To amend the Occupational Safety and Health Act of 1970 with respect to 
                        enforcement provisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

Mr. Tiahrt (for himself, Mr. Ballenger, Mr. Norwood, and Mr. Wilson of 
 South Carolina) introduced the following bill; which was referred to 
              the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Occupational Safety and Health Act of 1970 with respect to 
                        enforcement provisions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``OSHA and Employer Cooperation Act of 
2004''.

SEC. 2. ENFORCEMENT OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.

    (a) Time Periods for Issuing Citations.--Section 9 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 658) is amended 
by striking ``with reasonable promptness'' and inserting ``within 
thirty working days''. Section 10 of such Act (29 U.S.C. 659) is 
amended by striking ``within a reasonable time'' and inserting ``within 
thirty days''.
    (b) Time Periods for Contesting Citations.--Section 10 of such Act 
(29 U.S.C. 659) is amended by striking ``fifteen'' each place it 
appears and inserting ``thirty''.
    (c) Right to Correct Violative Condition.--Section 9 of such Act 
(29 U.S.C. 658) is amended by adding at the end the following:
    ``(d) The Secretary may not assess a penalty under section 17 in 
connection with the initial issuance of a citation, with the exception 
of willful violations, if the employer corrects the violative condition 
and provides the Secretary an abatement certification within 72 
hours.''.
    (d) Multiemployer Worksites.--Section 9 of such Act (29 U.S.C. 658) 
is amended by adding at the end the following:
    ``(e) On multiemployer work sites, the Secretary may only cite the 
employer whose employees were exposed to a condition which is in 
violation of a requirement of any standard, rule or order promulgated 
pursuant to section 6 of this Act, or of any regulations prescribed 
pursuant to this Act.''.
    (e) Penalties.--Section 17 of such Act (29 U.S.C. 666) is amended 
by inserting the following:
    ``(m) The Secretary shall not use `other than serious' citations as 
a basis for issuing subsequent, repeat or willful citations.''.
    (f) Written Statement to Employer Following Inspection.--Section 8 
of such Act (29 U.S.C. 657) is amended by adding at the end the 
following:
    ``(i) At the closing conference after the completion of an 
inspection, the inspector shall provide the employer or a 
representative of the employer with a written statement that clearly 
and concisely provides the following information:
            ``(1) The results of the inspection, including each alleged 
        hazard, if any, and each citation that will be issued, if any.
            ``(2) The right of the employer to contest a citation, a 
        penalty assessment, an amended citation, and an amended penalty 
        assessment.
            ``(3) An explanation of the procedure to follow in order to 
        contest a citation, a penalty assessment, an amended citation, 
        and an amended penalty assessment, including when and where to 
        contest a citation and the required contents of the notice of 
        intent to contest.
            ``(4) The Secretary's responsibility to affirm, amend, or 
        dismiss the citation and penalty assessment, if any.
            ``(5) The informal review process.
            ``(6) The procedures before the Occupational Safety and 
        Health Review Commission.
            ``(7) The right of the employer to seek judicial review.
    ``(j) The written statement required under this section must be 
presented to the employer or the employer's representative at the 
closing conference after the completion of the inspection.''.
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