House Bills Would Improve OSHA Regulation of Small Businesses - 5/24/2004 - Attorney Lawyer Legal Building Codes Zoning

House Bills Would Improve OSHA Regulation of Small Businesses

Of particular note to home builders are H.R. 2728, which would allow OSHA to give businesses more than 15 days to respond to a citation, and H.R. 2731, which would make it easier for companies to recover attorneys’ fees when they successfully defend themselves against a citation.

H.R. 2729 would add two more administrative law judges to the three-member Occupational Safety and Health Review Commission (OSHRC), which hears appeals of violations. At its current size, the commission frequently delays hearings because it does not have a quorum. The measure is designed to address this problem.

H.R. 2730 would require judges to defer to the OSHRC when OSHA cases are appealed to the courts.

NAHB supports the four bills and in a letter to all House members prior to consideration of the OSHA reform measures it identified H.R. 2728 and H.R. 2731 as “key votes” because of their impact on the association’s builder members.

The two key bills will “help to level the playing field for small businesses that seek to defend themselves in OSHA actions that are brought against them,” said NAHB President Bobby Rayburn. “Small businesses often lack the staff and resources to respond quickly to contest citations when they arrive, and granting exceptions to the 15-day requirement would be extraordinarily beneficial to these companies, which often struggle to meet the deadline.”

Noting that the cost of responding to an OSHA citation often discourages NAHB members from defending themselves even when they believe they are right, Rayburn also voiced support for the legislative provision that would help defray their legal expenses.

Rep. Charlie Norwood (R-GA), who sponsored the four bills, said that their passage by the House “signals a major victory for workers by ensuring continued improvement in workplace safety. When it comes to providing the safest workplace possible, results matter most. And we know from recent results that working with employers, particularly small business people, instead of against them — brings about a safer workplace, period.”

There is no similar legislation currently pending in the Senate.

To download the legislation, click here and enter the bill number in the box at the upper left.