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109th Congress > House > Vote 371
Clerk session vote number: 372
Sponsor: NORWOOD, Charles W., Jr. (R-GA)
Description: Occupational Safety and Health Small Employer Access to Justice Act of 2005
Bill summary: (This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Occupational Safety and Health Small Employer Access to Justice Act of 2005 - 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.
Bill titles: To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.
Links for more info on the vote: congress.gov
